Wills, Trusts and Estates Archives - Page 8 of 11 - Van Velden

When will a document intended to be a will, be recognised by our courts as a valid will?

In terms of Section 2(3) of the Wills Act, 7 of 1953 the Court must order the Master of the High Court to accept a document, drafted by a person, who died since the drafting of the document, if that person intended that document to be his will despite the fact that the document does […]

When last did you check your will?

Most people do not like to think about death. This is probably the reason why most people neglect to have their will revised on a regular basis. This can lead to major problems. You should regularly check your will to ensure that it caters for: 1. Guardians and a trust with appropriate trustees for minor […]

What should be in my will?

Although several standard wills exist and are used extensively, each testator’s or testatrix’s circumstances and intention differ from the next. It is therefore of the utmost importance to ensure that whoever drafts the will, has the necessary legal training and experience to do it properly Here is a list of items that are often overlooked […]

What is a usufruct?

A usufruct is a limited real right entitling the holder thereof to have the full benefit and enjoyment of the property, in respect of which the usufruct is held, until the usufruct holder passes away or the right lapses after a specified time, where applicable. The usufruct holder is prohibited from selling the property without the consent […]

What formalities have to be complied with when a will is signed?

No will signed on or after the 1st of January 1954 shall be valid unless- 1. the will is signed at the end thereof by the testator or by some other person in his presence and by his direction; and 2. such signature is made by the testator or by such other person or is […]

What documents and information do I need to report a deceased estate?

The following information or documents should be taken along when you see your attorney to report a deceased estate: 1. Original will 2. Copy of identity document of deceased 3. Copy of the identity document of the executor 4. Proof of address of the executor not older than 3 months 5. Death certificate of deceased […]

What are the duties of the trustees?

In the case of Tijmstra NO v Blunt-Mackenzie NO and Others the Transvaal Provincial Division of the High Court had to consider an application for the removal of trustees from office in terms of section 20(1) of Act 57 of 1988. The Court held that a trustee must observe greater care in dealing with trust […]

Wat behoort ek as vrou te weet van my regte as langslewende gade?

In terme van die Gemenereg kan ‘n ouer nie sy minderjarige kinders se eise vir onderhoud ontneem nie. Die minderjarige kind het altyd ‘n eis vir onderhoud teen die boedel totdat hy selfonderhoudend is. Gades word weer beskerm deur die Wet Op Onderhoud Van Langslewende Gades, 27 van 1990 waarvolgens die langslewende ‘n eis teen […]

Should I register a family trust?

Despite various attempts by the Government to intervene, a trust is in appropriate cases still a very effective tool. Various considerations should, however, be kept in mind when a decision is taken as to whether a trust should be registered or not: Advantages Risk management – transferring assets that could otherwise be attached by creditors […]

Should I register a family trust now or rather provide for a testamentary trust in my will?

A testamentary trust is created in terms of the provisions of a will after the death of the deceased. A trust inter vivos, on the other hand, is created whilst the donor is still alive. The trust inter vivos can be used by the donor, who would normally also be a trustee and a beneficiary, […]