The case of Land and Agricultural Development Bank of SA and Others v Parker [2004] 4 All SA 261 (SCA) is a landmark judgement in our Trust Law. This decision of the Supreme Court of Appeal has led to the generally accepted norm in South Africa that a family trust should always have an independent trustee. […]
Read more...Category: Wills, Trusts and Estates
Wills, Trusts and Estates
The removal of trustees
Most trust deeds of family trusts give the trustees a wide discretion in respect of the management of the assets of the trust and the distribution of the income and capital of the trust to the beneficiaries. This statement applies to trusts created while the donor is still alive or in terms of his will […]
Read more...Do spouses, married in community of property, have to sign a joint will?
No. They can each sign a separate will. It is, however, in our opinion better to have a joint will. With a joint will there is one document which sets out what happens if the husband passes away first, what happens if the wife passes away first and what happens if they both pass away [...] Read more...
10 interesting facts and tips on living wills and other matters related to wills and deceased estates
A living will is an instruction to your family and your doctor not to be kept alive by machines, but rather to die a natural death. A living will can prevent a lot of trauma and medical costs for your family. A spouse of an heir, married in community of property, will also benefit from […]
Read more...10 interesting facts and tips on firearms and other matters related to wills and deceased estates
A contract of lease or any other contract, concluded by the deceased during his lifetime, is in principle enforceable after the date of death. Debts of the deceased estate can be settled before the liquidation and distribution account has been approved to save interest if the estate is solvent and there is sufficient cash available. […]
Read more...12 interesting facts and tips on Estate Duty and other matters related to wills and deceased estates
Neither Estate Duty nor Capital Gains Tax is payable on the inheritance of the surviving spouse. You can prevent assets from being attached by creditors of an insolvent heir by adding an appropriate paragraph to your will. Cash inheritances of minor children are payable to the Guardians Fund of the Government, except if the will […]
Read more...10 interesting facts and tips on Alzheimer and other matters related to wills and deceased estates
Where the deceased was married in community of property, all the assets of the joint estate will be part of the deceased estate and have to be reported to the master. A person with Alzheimer can execute a valid will as long as that person does have the mental capacity to understand the consequences of […]
Read more...Die oorledene kom tot sterwe sonder ‘n testament en laat ‘n vrou en drie kinders agter. Sal die vrou alleen erf?
Nee. Die langslewende gade erf R250 000 of ‘n kindsdeel (m.a.w. in gelyke dele met die drie kinders) watter een ookal die grootste is ingevolge die Wet op Intestate Erfopvolging, 81 van 1987. Volker Krüger U kan ‘n testamentinstruksievel hier voltoi: Testament Instruksievel / Will Instruction Sheet
Read more...Die testateur is geestesongesteld maar belewe ‘n helder oomblik en verly gedurende hierdie helder oomblik ‘n testament. Is die testament geldig?
Die testateur is geestesongesteld maar belewe ‘n helder oomblik en verly gedurende hierdie helder oomblik ‘n testament. Is die testament geldig? Ja. Die Wet vereis dat die testateur tydens die verlyding van die testament verstaan wat die aard en effek van sy handeling is.
Read more...Wat is ‘n lewende testament?
Dit word oor die algemeen aanvaar dat ‘n pasiënt die reg het om behandeling te weier selfs al kan sodanige weiering beserings of dood veroorsaak. ‘n Lewende testament kan gedefinieer word as ‘n opdrag van ‘n persoon tot die effek dat behandeling, wat hom aan die lewe sou hou, gestaak moet word waar die persoon […]
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