Capacity to benefit under a will

The following persons are disqualified from benefitting under a will: 1) A person who has unduly influenced the person who wrote the will to give him a benefit under the will. 2) A person who is unworthy, e.g. a) A person who unlawfully has caused the death of the testator. This is in accordance with… Continue Reading

Must I amend my will after a divorce?

In the aftermath of a divorce, a person often forgets to amend his or her will. A bequest to your divorced spouse in your will, which was made prior to your divorce, will not necessary fall away after divorce. The Wills Act provides that if you die within three months of the divorce, a bequest… Continue Reading

Catholic Living Will and Proxy for Health Care Decisions

A living will is very important in Roman Catholicism because it gives advance directives for health care, to provide the guidance and authority needed to implement your decisions when you cannot speak for yourself. Catholic Living Will and Proxy for Health Care Decisions Authorized by The Catholic Bishops ofPennsylvania June 1993 PREAMBLE Our Judeo-Christian heritage holds that… Continue Reading

ConCourt rules customary inheritance laws unconstitutional

The Constitutional Court has declared laws governing primogeniture – which allows complete inheritance by the eldest male descendant –to be unconstitutional and invalid. In a landmark ruling the Constitutional Court has confirmed that the SA customary law rules relating to intestate succession are unconstitutional and discriminatory. The court also confirmed that the entire statutory scheme governing deceased estates of… Continue Reading

Small Business and Marriage: good bed mates?

Getting married in community of property is hazardous to your future. What to do about it. Small Business and Marriage: good bed mates? By Peter Carruthers Getting married in community of property is hazardous to your future. What to do about it. Marriage is probably a strange subject to discuss in this Weekly Business Idea, but please bear with… Continue Reading

‘Spouse’ in Intestate Succession Act and the Maintenance of Surviving Spouses Act includes partners to Muslim marriages

Persons married according to Muslim rites are spouses for the purposes of inheriting or claiming from estates where the deceased died without leaving a will. ‘Spouse’ in Intestate Succession Act and the Maintenance of Surviving Spouses Act includes partners to Muslim marriages   In Daniels v Campbell NO and others (Case number: CCT40/03) the Constitutional Court decided that persons married according to… Continue Reading

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