Do I have to register my will somewhere?

There is no central database for wills in South Africa. A will consequently does not have to be registered anywhere. The will does not have to be filed in a certain place. As long as the will complies with the formality requirements of the Wills Act, it will be valid. No one may know about […]

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ANTENUPTIAL CONTRACTS AND HOW THEY ARE EXECUTED

In South Africa, the default marital regime is in community of property, except where the parties entered into an antenuptial agreement – in the movies, it is more commonly known as a “prenup” or a “prenuptial agreement”. The movies tend to give it a bad rap, as many people are opposed to entering into such […]

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Will trusts for incapacitated persons cease to exist?

Have you ever wondered who manages the funds of a person who is incapacitated due to a road accident or medical negligence? The two approaches that are available for these people are the following: Firstly, the appointment of a curator bonis in terms of Rule 57 of the Uniform Rules of Court could be considered. […]

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Tips on wills and succession planning for business owners

If a company owns the business and there are two or more shareholders, you should have a shareholders agreement or, at the very least, a buy and sell agreement. The agreement should provide for the surviving shareholder to have an option to purchase the shares of the deceased shareholder.  It will be of great assistance […]

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Alzheimer Disease and Wills

Section 4 of the Wills Act, 1953 stipulates that “every person of the age of sixteen years or more may make a will unless at the time of making the will he is mentally incapable of appreciating the nature and effect of his act”. Whether the testator is mentally capable of appreciating the nature and […]

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Covid-19 and Wills

Covid-19 made a lot of people realize that we are not immortal. Covid-19 hence also made a lot of people realize that they should have a will. If you die without a will, an act of Parliament, namely the Intestate Law of Succession, 1987 prescribes who will inherit your estate. This is one very good reason to rather […]

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