Common wealth-planning mistakes

In his poem The Mistake, James Fenton talks about the sad truth in making mistakes. He beautifully describes that even with blatant warnings that are ignored or subtle hints that have gone unnoticed, we sometimes go about our lives not knowing about the mistakes we are making and how they will impact our loved ones […]

The importance of executing a Will correctly

My current Will no longer reflected my wishes, and I therefore approached my attorney to attend to drafting a new Last Will & Testament for me. Once my updated Will had been finalised, my attorney provided me detailed instructions on how to properly execute it. My neighbours were around, so I asked them to act […]

Can a testator disinherit their surviving spouse?

The Maintenance of Surviving Spouses Act 27 of 1990 permits surviving spouses to seek maintenance from the deceased spouse’s estate upon the marriage ending due to death. This claim lasts until the survivor’s death or remarriage and factors in estate value, the survivor’s financial circumstances, marriage duration, living standards, and age. It is widely recognised […]

Can trustees sell trust property to their own company?

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. Peter […]