Intestate succession in life partnership relationships
On 28 September 2020, the Cape Town High Court handed down judgment in favour of Ms Bwanya directing that section 1(1) of the Intestate Succession Act 81 of 1987 (“the ISA”) is unconstitutional and invalid insofar as it excludes Ms Bwanya, a surviving life partner in a permanent opposite-sex life partnership, from inheriting from her deceased fiancé’s estate. The Facts Ms Bwanya and Mr […]
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 […]
Should I plan my estate as a young adult?
It is very important for you to plan your estate, which could include a living will, a last will and a living trust. This can help families prepare for difficult times when you are no longer around to assist or advise them. Our lives get busier and more complicated by the day, so estate planning […]
The importance of executing a Will the right way
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. […]
Why an estate plan is crucial
Why an estate plan is crucial We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left an extraordinarily large estate from a distant relative that they hardly knew existed. We chalk it up to an absurdity. Something like that would never […]
The benefits of creating a trust
The benefits of creating a trust Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether an inter vivos (between the living) or a testamentary (created in a will) − should be carefully considered and not just implemented blindly. The difference between testamentary and inter […]
Demystifying the executor of a deceased estate
Demystifying the executor of a deceased estate During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. These assets and liabilities will form part of a person’s estate. At the death of that person, his/her deceased estate must be administered, in other words, divided, distributed […]
Parental rights during the lockdown
Parental rights during the lockdown On 23 March 2020, President Cyril Ramaphosa announced a nationwide 21-day lockdown, which was extended by a further two weeks on 9 April 2020.On 30 March 2020, Social Services Minister Lindiwe Zulu issued Directions in terms of Regulation 10(5) of the Regulations made under Section 27(2) of the Disaster Management […]
Safeguard your children’s inheritance
Safeguard your children’s inheritance Ensuring their children are cared for when they pass away is one of the primary reasons people draw up a will. But what happens when the best interests of the children that are left behind are not at the forefront when an estate is administered and maintenance needs to be paid? […]
Parental rights in changing times
Parental rights in changing times When it comes to the structure of families, Bob Dylan described it adequately when he said, “the times they are a-changing’”. The liberation of sexual orientation and rise in popularity of alternative families have changed what society sees as the “norm” for families. The question is whether legislation has changed […]