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Estate Planning and Trusts

Estate Planning & Trusts

Estate Planning and Trusts

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Frustration over delays in registering trusts

Lawyers who are attempting to register special trusts for minors and incapacitated beneficiaries of medical negligence and Road Accident Fund awards are at their wits end as the Master of the High Court is apparently still refusing to register these trusts.

Russian oil tanker enroute to SA despite boycott calls

A tanker loaded with 2m barrels of Russian oil is steaming towards a storage facility in SA amid mounting international pressure to boycott Russian exports.

Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!

Your will will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept. By not having his will drawn by a professional, a father inadvertently caused one of his children to be disqualified from inheriting her intended share, whilst her husband was disqualified from being appointed as executor.

Opposite-sex life partners can inherit intestate

When the Intestate Succession Act was enacted in 1987, it provided for surviving spouses to inherit from the deceased’s estate if their spouse had passed away without a will.

Tensions high in battle over Mandela’s will

As former President Nelson Mandela’s family fights to stop the sale of some of his most prized possessions from his home in Houghton, the trust responsible for protecting his artefacts has allegedly distanced itself from the furore.

Can succession and customary law coexist?

In the apartheid era, a huge portion of the population was denied property rights in terms of the Black Land Act, the Group Areas Act and the Black Administration Act.

Data breach a scapegoat for Master's Office delays?

Master of the High Court (Johannesburg) Martin Mafojane has apologised for the ‘regrettable inconvenience’ caused by the recent data breach at the Justice Department, with many saying that the security lapse was just the latest in a long history of poor service, reports EWN.

Estate Planning and Wills: A Checklist to Protect Your Family

Amazingly, here we are in the middle of a deadly pandemic yet still some 70% – 80% of working South Africans are said to have no will in place.

Estranged wife loses bid to bury husband

Feuds regarding the right to bury a deceased person have the potential to permanently divide a family.

Buthelezi insists on Zulu king's legitimacy

Inkosi Mangosuthu Buthelezi called a public meeting in Ulundi this week to convey the firm message that, with or without the government's coronation and other due processes, King Misuzulu is already on the throne as leader of the Zulu nation.

Wealthy family finally settles will dispute

The East London Yazbek family has settled their legal battle over family patriarch Mark Yazbek’s will – agreeing to give younger son Luke Yazbek (45) a settlement of R3.5m.

Adopted children can benefit from trust

The Constitutional Court has ruled that a trust created by a donor for the benefit of his children and their descendants unfairly discriminated against children adopted by one of his daughters as it did not include them, notes a TimesLIVE report.

Absent father denied share of son’s R15m estate

A father’s renewed bid to share in the R15m left behind by his late son whom he had not seen since the child was six months old has been turned down by the Gauteng High Court (Pretoria), says a Pretoria News report.

Problems persist at Master's offices

The administration of estates have virtually ground to a halt due to inefficiencies at the Master’s offices and the failure of the Government Printing Works to publish a legal notices gazette for four weeks, reports Rapport.

Attorneys rail against Master's Offices bottleneck

SA’s legal practitioners, already disgruntled with alleged corruption at the country’s 15 Master’s Offices, say the disarray in winding up deceased estates – worsened by Covid-19 deaths – risks taking them out of the R30bn sector.

ConCourt overturns gender-based inheritance law

An out-and-out disinheritance clause in a will executed more than 100 years ago that excluded female lineal descendants has been overruled by the Constitutional Court, says a Cape Times report.

Intestate Succession Act discriminatory, ConCourt told

Because a formal marriage ceremony is not concluded, individuals in life partnerships do not benefit from laws that apply to married people.

Be Prepared for The Cost of Dying

While nobody wants to contemplate their own passing, we live in dangerous times and it is important to think about how your death will affect your loved ones financially. Planning appropriately can make a big difference to the impact that your family will feel.

Sisters' long battle over home finally resolved

The battle between sisters over the sale of their father’s home – left to them in his estate – after one of the five lived in it rent free for nine years has finally been resolved in the Western Cape High Court.

What Must You Prove to Remove a Trustee?

Trustees are of course supposed to work together to protect and further the interests of their trust and its beneficiaries, but the fact is that on occasion serious disputes can and do arise.

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