Executor or Executioner? Choosing the Right Person for Your Estate
Life is a difficult enough journey, but as we draw ever nearer to its conclusion, the need to ensure that our affairs are in order becomes more and more pressing. For those of us approaching the milestone 60’s we become a little more concerned about these matters, and rightly so. The decisions we take now […]
The costs of deceased estates explained
An important function of an executor, the person who is appointed by the Master of the High Court to administer a deceased estate, is to account for the liabilities in the estate of the deceased. Keep in mind that only once the liabilities in the estate have been discharged can the heirs receive their inheritances. […]
Secure your legacy: The vital role of a well-executed Will in estate planning
Estate Planning: Drafting errors in Wills can lead to invalidity, resulting in unintended consequences for your loved ones after your death. The formalities for the valid execution of a Will are set out in the Wills Act, Act 7 of 1953, and it is vital to ensure your Will complies with the provisions. Here are […]
Why a Notary? – Part 1
Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one must know and understand the role and functions of a Notary, also commonly known as a Notary public. A Notary is a public functionary authorised by the High Court […]
LEAVING AN ESTATE OF R30 MILLION – HOW MUCH WILL IT COST YOU TO DIE? PART 1
My colleague Jan recently scheduled a appointment to wind up an estate of R30 million Rand. The first question that came up with me was “How did it happen that one builds up an estate of R30 million Rand and not have proper estate duty planning in place?” I am sure that the deceased who […]
How trusts preserve generational wealth
The estate duty savings are compounded over several generations Articles on trusts are often aimed at settlors or donors to highlight the benefit of trusts and the role they play in estate planning at the ‘first-generation’ level. In this article, the author aims to illustrate to second-generation beneficiaries the effect of the decisions their parents […]
Distributing retirement fund death benefits
Step 1: Identifying and tracing dependents Section 37C of the Pension Funds Act places a clear and onerous duty on the board of trustees to determine the fair and equitable distribution of death benefits of fund members. The first step is to find and identify dependants. This article provides an overview of the different types […]
Maintenance claims from life partner’s estate
“Should a person who has shared her home and life with her deceased partner, born and raised children with him, cared for him in health and in sickness, and dedicated her life to support the family they created together, be treated as a legal stranger to his estate, with no claim for subsistence because they […]
Deceased’s will declared invalid, despite clear wishes
The Wills Act sets out the requirements for a valid Last Will and Testament. For a will to be valid, it must be signed and witnessed. What happens if the wishes of the deceased are clear, but the document does not meet the requirements of a valid will? This was the heart of the matter […]
Locked down during the pandemic: How to make a Will and get it witnessed
The last few weeks have seen huge changes in the way we live our lives. The demand for wills has surged during the COVID-19 pandemic, which is understandable in the midst of a grave health crisis. As attorneys, we are able to work from home and have access to the necessary technology that enables agile […]
