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Unlocking the Retirement Future: The Pros and Cons of Life Rights Properties

Posted On: Friday, January 3, 2025

"Risk comes from not knowing what you are doing." (Warren Buffett)

Choosing a retirement property involves considering location, cost, amenities, and healthcare services. Often, retirees prefer not to deal with the hassle of property maintenance and opt to stay in a property maintained by someone else. This also provides a sense of community. 

Life Rights properties can achieve these objectives – but it is essential to understand the meaning of a Life Rights property. Life Rights ownership is reserved for retirees and involves purchasing the right to live in the property for the rest of your or your partner’s life. The actual owner of the property is the developer. 


Why Life Rights properties could be a wise investment

The purchase price of a Life Rights property is generally lower than that of an individually owned property or lifestyle property. Current prices bear this out:

A one-bedroom apartment in a newly developed Life Rights village near Paarl in the Western Cape is currently on the market for R2.2m.
 
A very similar property in a gated community with similar facilities in the same area is for sale at R4.4m – a massive difference. 
Be aware that developers often play on the fact that newly developed properties (including Life Rights properties) do not attract transfer duty, which is high in South Africa. But the reason transfer duty doesn’t apply is because the developer pays VAT – which still inflates the price of the property. 


Other benefits of Life Rights properties

The most important benefits of Life Rights retirement properties are that they provide security, and a community of retirees. There are other perks: maintenance costs are included in the levy, and upon death, estate management is simplified, as the rights to the property are passed straight back to the developer, who must deal with the sale of the property. (The proceeds paid to you by the developer do form part of your estate.) 


The cons of purchasing a Life Rights property  

The biggest con is a financial one. Most contracts specify that the deceased’s estate will receive only the purchase price, not the actual sale amount. Some Life Rights property contracts offer less than the purchase price on death. For example, your estate may only receive 80% of the purchase price. If you buy the property before age 65, you may get even less than 80%. These are generalisations, so please ask us to review the contract before you sign it.

Other negatives include: 

If you buy a Life Rights property, your estate and beneficiaries will not benefit from the capital growth from the property. (Property values are rising again in South Africa, especially in the Western Cape, making this a considerable con.) 

Although levies cover maintenance, they can be high (and they do escalate annually) as the developer must provide for community occasions. 

Life Rights Agreements offer little flexibility. Typically, only the surviving spouse may remain in the property if one spouse dies. 

Does it offer High Care?

If you do decide to purchase a Life Rights property, it’s advisable to choose one that includes a high-care facility. We all tend to think we’re ‘invincible’ and will never need high care, but this is sadly not the case. Your children and other family members may live overseas or may not have the capacity to care for you, so it makes sense to live somewhere that can ease the burden for all concerned. 


A word of warning

Remember that if you decide to purchase a Life Rights property, you should buy the rights from a well-established and reputable company. A recent court case questions the loss of purchase proceeds from an unreputable provider. 


The bottom line 

We’re here to help you lead a fulfilling and happy retirement. But before we can help you with your emotional well-being, we must crunch numbers and explain the pros and cons of different types of property ownership.

While each person’s situation is unique, generalisations can still be helpful: Life Rights ownership can work well for people with limited assets who purchase the property at a later age. It can also benefit those who don’t need to create generational wealth. 

If you’re thinking about where to live in retirement, please don’t make the decision alone - discuss it with us and your beneficiaries. 

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