Home /Our Insights /Home /Home
BOOK CONSULTATION SUBSCRIBE

Insights

Our standards. Your peace of mind.

GO
GO
Filter: Estate Planning
Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that... they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

READ MORE
406
Article
Failing to Plan is like Planning to Fail: the Importance of Estate Planning and its implications on Maintenance Matters

27 August 2018

One of South Africa’s fundamental legal principles is that of freedom of testation, which allows persons, with the requisite capabilities,... to bequeath their assets to whomever they choose. However, the law also provides for reciprocal obligations for maintenance between certain parties, such as that between parents, children and spouses. It is important that those wishing to execute a valid will keep these obligations in mind, so as to ensure smooth and efficient winding up of the estate.

READ MORE
465
Article
Stepping into Your Shoes: Power of Attorney vs. Curatorship

27 August 2018

People often find themselves in situations where they require someone else to sign documents or enter into a contract on... their behalf due to geographical limitations or time constraints for example. South African law makes provision for temporary authorisation to be given to a trusted third party, for general or specific purposes, in the form of a Power of Attorney.

READ MORE
737
Article
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

READ MORE
376
Article
Is an unsigned electronic will valid?

09 November 2015

My father recently passed away. His will was drafted by a financial planner who e-mailed the final draft to him,... but which he never signed. We found the email with the will attached but no further correspondence or documentation between the financial planner and my father regarding the content of the will or his wishes. Is this will valid?

READ MORE
325
Article
Can I inherit if not formally adopted?

13 October 2015

I have been raised as the only child by parents who are not my biological parents. Although I regard them... as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die I will lose the possessions that they do have. Will I be able to inherit from them when they pass away?

READ MORE
361
Article

Subscribe To Our Newsletter

SUBSCRIBE NOW