Amending my will

A client has recently had a baby and asked me how she goes about changing her will. A will ensures that the person that winds up your estate distributes your assets to named beneficiaries after you pass, according to your wishes. If there are changed circumstances such as the birth of a child or the… Continue Reading

Inheritance and Wills

One of the most important things that a person needs to think about is death and how their assets will be distributed after their death. When a person dies, their assets will be distributed either in terms of their will (testate succession) or according to the rules of intestate succession, if the person has not… Continue Reading

Leaving this Mortal Coil

Leaving this mortal coil – taking care of your digital and physical assets I have posted a Wishes and Memories booklet on our website that will be a clear record of your funeral wishes, a source of important documents for legal and public records, and a permanent keepsake of your fondest memories to speak to… Continue Reading

Master of the High Court: Intestate Succession

IF YOU DO NOT LEAVE A WILL See the Intestate Succession Act. Any person of 16 years and over is free to make a will in order to determine how his/her estate should devolve upon his/her death. If you die without a will, your estate will devolve in terms of the rules of intestate… Continue Reading

Freedom Of Testation

Can I choose who to benefit in my will? In South Africa, a person can leave his or her assets to whoever he likes, with few limitations. This is called “freedom of testation“. If a person dies with a valid will, he or she dies “testate”, and without a valid will, he or she  dies… Continue Reading

No interest on loans to trusts

One way of avoiding estate duty and donations tax is to sell an asset to a family trust for a market related value. The rationale is to freeze the growth of the assets in the taxpayer’s estate for estate duty purposes. The income tax benefits would accrue to the beneficiaries of the trust after the… Continue Reading

Is An Enduring Power Of Attorney Binding In South Africa?

Does my mom’s power of attorney endure if she can’t manage her affairs? A person has full contractual capacity if he or she can conclude a legally binding contract. A party’s contractual capacity may be affected by mental illness, intellectual disability, physical disability, head injury, an extended period of unconsciousness, stroke or extreme old age,… Continue Reading

Overseas assets and your will

If you have offshore assets, it’s a good idea to have separate wills, one for your assets in South Africa, and the other/s for assets in each country where you have assets overseas. Your local will should provide something like ‘What follows applies to my South African assets only’ or ‘This will deals only with… Continue Reading

South African Law Blogs

South African Law Blogs
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