Is an electronic will valid in South Africa?
In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to which deceased estates are reported), it must comply with the legal formalities as set out in section 1(a) of the Wills Act, 7 of 1953 (hereinafter referred to as the Wills Act). The main requirements in terms […]
Be prepared for the cost of dying
“No matter how much you’ve been warned, Death always comes without knocking” (Margaret Atwood) No one wants to contemplate their own passing, but the reality is that sooner or later it is inevitable, and particularly in these dangerous times we need always to be prepared. The loss of a loved one is always distressing. It […]
What must you prove to remove a trustee?
It is perhaps inevitable that occasionally disagreements will arise between trustees as to how to administer and manage the trust and its assets under your control. If those disagreements escalate to the extent that trustees can no longer work together, and if attempts at negotiating a peaceful departure fail, an approach to the High Court […]
Do you have a valid Will?
“Better be safe than sorry… regret comes too late” Covid or no Covid, healthy and fit, or not, young or old, if you have responsibilities towards others, your family, your parents, your partners, make sure you have an up to date and valid Will. FREE WILLS WEEK: 26 – 30 OCTOBER 2020: Call 021-424 3937 […]
In times of great change, make sure your Will is updated!
Particularly in these times of pandemic, deadly infections and uncertainty, no one can ever say with any confidence that we will still be alive tomorrow, or next month, or next year. Now more than ever having a valid and updated will in place is no luxury to be attended to “when I have the time” […]
What are the benefits of having a valid and up to date will?
During the lockdown period we all have more time to attend to our outstanding personal matters, to attend to long delayed personal admin and to get our affairs in order. An important question is: Do you need a Will or not, and if not, why not? Our first question should be: What is the difference […]
Signing a Will by making a mark
In a recent matter a Will, signed by the testatrix by means of affixing her fingerprint on the document, was not accepted by the Master of the High Court. The refusal was because the testator’s mark was not properly attested to by a Commissioner of Oaths. The Commissioner failed to follow the prescribed provisions of […]
Your Will: What you can and can’t do
“Where there’s a will, I want to be in it” (Anon) Your will (“Last Will and Testament”) is quite possibly the most important document you will ever sign. Without a properly-executed will you put your loved ones at risk of financial and emotional hardship, you forfeit your right to nominate who administers your deceased estate, […]
Your website of the month: Left money in a South African will but living overseas?
What happens if you want to access a South African bequest overseas? BizNews gives you a step-by-step breakdown of how to go about it, depending on whether you are – Non-resident, Financially emigrated, or A South African resident temporarily abroad. Read also the section on taxation. Bear in mind that of necessity an article like […]
Your Last Will: The dire consequences of neglecting formalities
“It is not intended for the Court to make a will for the deceased based on what his intentions may have been” (Quoted in the judgment below) As a general rule our law holds us to our agreements and statements, whether we express them verbally, electronically or in written form. But there are exceptions – […]