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Wills & Estates

Can i inherit from my cohabitating life partner if they die without a valid will?

2023-08-22T06:18:46+00:00August 22nd, 2023|Wills & Estates|

CAN I INHERIT FROM MY COHABITATING LIFE PARTNER IF THEY DIE  WITHOUT A VALID WILL?Written by Denisha Padachey  1 September 2022 Many life partners opt not to get married nowadays for various reasons. There has been and remains a distinct difference between married spouses and cohabitating life partners in South Africa. When it comes to inheritance, this begs the question: Does opting not to get married to your life partner mean you forfeit the inheritance you might have gotten if you had decided to

How to Register a Trust in South Africa

2023-08-08T06:49:43+00:00August 8th, 2023|Wills & Estates|

How to Register a Trust in South Africa Written by Mari van der Walt 31 July 2023 “Plant the seeds of your legacy through Estate Planning.” A trust is a legal arrangement whereby control over property (the trust property) is transferred to a person or organisation (the trustee) for the benefit of someone else (the beneficiary). Two types of trusts exist in South Africa, namely an inter vivos trust and a mortis causa trust (hereinafter referred to as a “testamentary trust”). A crucial

The Standard Clauses in a Will Explained

2023-08-25T13:07:14+00:00July 25th, 2023|Wills & Estates|

The Standard Clauses in a Will Explained Written by Mari van der Walt 30 June 2023 “A good plan is like a road map: it shows the final destination and usually the best way to get there.” — H. Stanley Judd. When carving out your route map for life, one of the most critical stops on your way to your final destination is the drafting and execution of a Last Will and Testament. There are numerous important aspects surrounding a Last Will and

Customary Law Of Succession In South Africa Explained

2023-06-07T11:56:27+00:00June 7th, 2023|Wills & Estates|

Customary Law Of Succession In South Africa Explained Written by DIONNE JACKSON 25 APRIL 2023. Customary marriages are an integral part of many cultures and societies in South Africa, encompassing unique traditions, rituals and beliefs that vary across different regions. Even though legally recognised, customary marriages are typically based on customs and practices rather than formal legal frameworks. While customary marriages hold great cultural significance and are deeply rooted in tradition, they often present challenges when it comes to applying the law of

Parties To A Trust And Role Players Responsibilities Explained

2023-05-24T07:02:15+00:00May 23rd, 2023|Wills & Estates|

Parties To A Trust And Role Players Responsibilities Explained Written by Mari van der Walt 19 April 2023 Establishing a trust in South Africa can serve to protect assets for future generations, provide flexibility in terms of the administration and allocation of assets, and reduce liability for tax, transfer duty, and estate duty. Significant expertise and a sound understanding of the different role players’ functions are required to properly navigate and apply trust law in South Africa. This article explores the different role

The Importance Of Appointing A Legal Guardian In Your Will In South Africa

2023-06-20T15:00:33+00:00March 17th, 2023|Wills & Estates|

The Importance Of Appointing A Legal Guardian In Your Will In South Africa Written by Mari van der Walt  30 November 2022 Appointing a Legal Guardian in your Will: Who will Take care of your Children if you are no Longer Here? In light of your child being your most prized possession, in the unfortunate event of your passing, you want to ensure that your child is raised with the same love and care you would have provided them with. Choosing a suitable guardian

Registration & Types Of Trusts in South Africa Explained

2023-02-14T05:53:57+00:00February 14th, 2023|Wills & Estates|

Registration & Types Of Trusts in South Africa Explained Written by Mari van der Walt 31 December 2022 There are various ways to safeguard your assets and ensure that it is managed adequately - an estate planning measure used to achieve this goal is that of a trust. The field of trust law can be very complex, leaving most people in the dark about the inner workings and possibilities offered by the law of trusts. What is a Trust? A trust is a

Appointing an Executor in a Deceased Estate in South Africa

2022-12-14T08:01:45+00:00December 2nd, 2022|Wills & Estates|

Appointing an Executor in a Deceased Estate in South Africa Written by Mari van der Walt 31 October 2022 The passing of a loved one can be a traumatic and uncertain time in a person’s life. To assist the deceased’s family and friends during this challenging time, an executor is appointed to administer the deceased’s estate. The nomination and appointment of an executor are thus of the utmost importance, as it will provide you with peace of mind that your affairs will be

What happens to my children if I die without a will in South Africa?

2022-12-14T08:13:48+00:00January 18th, 2022|Wills & Estates|

What happens to my children if I die without a will in South Africa? Written by Shellah Murombo (15 January 2022) Records from the Master's office show that the percentage of people in South Africa who dies without a will is approximately 70%. It is of vital importance to have a will in place if a person has minor children. What is a will? A Will is a legal document that stipulates a person's wishes on how they would like their property to

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