Usufructs are frequently used in estate planning and property transactions in South Africa, particularly where a property owner wishes to grant a surviving spouse or family member the right to use and enjoy a property for the duration of their lifetime. A common question that arises, however, is whether a usufruct automatically falls away upon the death of the usufructuary, or whether a formal legal process must still be followed.
What is a Usufruct?
A usufruct is a limited real right registered over immovable property that entitles the usufructuary to use and enjoy the property and derive benefits from it for a specified period, usually for the duration of their lifetime.
In practice, this means that the bare owner remains the registered owner of the property, while the usufructuary retains the right to occupy, use, or even receive rental income from the property during their lifetime.
