Properly executing a Will is extremely important

I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my neighbours to act and sign as witnesses. […]

Think twice before choosing an executor

The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance with the testamentary wishes of the deceased. Importantly, although a person can nominate an executor, the executor is appointed by the Master of the High Court through the issuing of Letters of Executorship. The executor is responsible for, amongst other […]

Life partners now qualify for intestate succession

The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in so far as it excludes life partners in a relationship intended to be permanent, as per the definition of “spouse”. The Court ordered parliament to amend two laws to […]

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 […]

Is an e-will valid in South Africa?

In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to which deceased estates are reported), it must comply with the legal formalities as set out in section 1(a) of the Wills Act, 7 of 1953 (hereinafter referred to as the Wills Act). The main requirements in terms […]

Trust electronic meetings

“A trust is a legal vehicle. This vehicle is driven by the Trustees for the benefit of the passengers, namely the Beneficiaries. If the Trustees do not meet often enough, how will they maintain this vehicle, keep it roadworthy and operating for the benefit of the Beneficiaries?” – M De Waal. THE TRUST The Trust […]

Lockdown – but not in shut-down mode

Good Day valued clients of MDW Incorporated,We are all in lockdown – but not in shut-down mode. WORK FROM HOME We are equipped and ready to proceed with your matters to the best of ability as each and every one of our staff have been set up to be able to work from home or […]

Properly executing a will is extremely important

I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my neighbours to act and sign as witnesses. […]

Updating your will: Do you have your affairs in order?

DOWNLOAD THE HANDY LIFEBOOK PROVIDED BY THE CHILDREN’S HOSPITAL TRUST Another year is already in its second month and it is perhaps time to review your current will. What will be required when I die? A death in a family is unfortunately something that we will all experience sooner or later. The Red Cross Children’s […]