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Estate Planning & Trusts

Estate Planning and Trusts

Mandela daughters take Qunu dispute to top court

Nelson Mandela's family are embroiled in a fresh legal battle over his estate, says a Sunday Times report. Zenani and Zindzi Mandela are heading to the Constitutional Court to challenge their father's decision to leave the family home in Qunu under the custodianship of the Nelson Rolihlahla Mandela Family Trust.

Joost's brothers removed from trust for children

By Juta and Company (Pty) Ltd Published on Friday, 13 July 2018
Tags: #Estate Planning & Trusts #Litigation
The Free State High Court has removed the brothers of the late Springbok Joost van der Westhuizen as trustees of the J9 Trust set up for the benefit of his children, notes a Volksblad report. Joost’s estranged wife, Amor Vittone, brought an application for the removal of Pieter and Gustav van der Westhuizen, as well as Gavin Varejes, as trustees.

ConCourt rules in favour of surviving Muslim spouses

In a victory for Muslim women married in polygamous marriages‚ the Constitutional Court has confirmed that a section in the Wills Act is unconstitutional, notes a TimesLIVE report. The section failed to recognise the right of a surviving spouse in a polygamous Muslim marriage to the benefits of her deceased husband’s will. The Constitutional Court confirmed the order made by the Western Cape High Court last year‚ which declared section 2C(1) of the Wills Act invalid.

SCA sets out pension fund payment guidelines

By Juta and Company (Pty) Ltd Published on Monday, 04 June 2018
Tags: #Estate Planning & Trusts #Litigation #Pension Law
It is technically legal for one person to earn millions to manage a pension fund, and there is no obligation to use that money to benefit the pensioners who invested in that fund – as long as a court sanctions such a deal. A Saturday Star report says this was the SCA’s conclusion when ruling on a case accusing attorney Anthony Mostert of charging exorbitant fees for one of the 10 pension funds under his curatorship.

Will declared valid, despite judge's misgivings

By Juta and Company (Pty) Ltd Published on Tuesday, 15 May 2018
Tags: #Estate Planning & Trusts #Litigation
Dirk Stoffberg is to inherit his stepfather’s Gonubie home – despite the fact that his wife first drafted three apparently fraudulent wills in which he was the main beneficiary. A Daily Dispatch report says Eastern Cape High Court (Grahamstown) Judge Jeremy Pickering ruled Stoffberg should inherit the home of his stepfather, Stuart Bruce Doveton Helps, after his wife Lesley drew up a will in which Stoffberg was named as the beneficiary.

Customary law failing costs man right to bury partner

By Juta and Company (Pty) Ltd Published on Thursday, 26 April 2018
Tags: #Estate Planning & Trusts #Family Law #Litigation
Failure to follow customs to the letter when marrying his partner has cost a Soweto man the right to bury her. The Mercury reports Leonard Khosa was interdicted by the Gauteng High Court (Johannesburg) yesterday from burying Ayanda Zulu, for whom he completed paying lobolo in 2014.

Man wants adoption set aside to claim from estate

By Juta and Company (Pty) Ltd Published on Monday, 05 February 2018
Tags: #Estate Planning & Trusts #Family Law #Litigation
A fund manager and professor in applied mathematics who was adopted 51 years ago as a baby has approached the Gauteng High Court (Pretoria) to set aside his adoption in order to claim a share of his wealthy biological father's estate, notes Rapport.

Joost was still able to sign will

By Juta and Company (Pty) Ltd Published on Tuesday, 30 January 2018
Tags: #Estate Planning & Trusts #Litigation
Springbok legend Joost van der Westhuizen’s widow Amor Vittone is of the opinion that despite his motor neuron disease in 2015, he was still able to sign a document or at least make a mark on it. A Pretoria News report says Vittone or is vigorously opposing an application by Joost’s brother Pieter van der Westhuizen and lawyer Ferdinand Hartzenberg, who turned to the Gauteng High Court (Pretoria) to have the will declared his last wish.

ESTATE ADMINISTRATION: FULFILLING THE LAST WISHES FROM BEYOND FOR THOSE LOVED ONES LEFT BEHIND

By Esmeraldo and Associates Published on Thursday, 21 December 2017
Tags: #Estate Planning & Trusts
An unexpected passing can be shocking and traumatising. Grieving the loss of a precious loved one is not only filled with sorrow, but adds emotional challenges when one has to deal with the finalising of their estate. This is enough to cause anguish due to the complexity that it seems from the outset. The bravest thing one can ever do is to continue to attend to the last wishes of those who have passed on to another life beyond our own.

Battle over Joost's will postponed indefinitely

By Juta and Company (Pty) Ltd Published on Monday, 11 December 2017
Tags: #Estate Planning & Trusts #Litigation
The legal battle between Springbok legend Joost van der Westhuizen’s brother and his estranged celebrity wife Amor Vittone over his last will and testament has been postponed indefinitely. A Pretoria News report says the will has been a bone of contention since Joost’s death in February. The rugby star's brother, Pieter van der Westhuizen, and then attorney, Ferdinand Hartzenberg, turned to the Gauteng High Court (Pretoria) to declare the will drawn up in September 2015 as his last.

Court rules for women in pre-1998 polygamous marriages

By Juta and Company (Pty) Ltd Published on Friday, 01 December 2017
Tags: #Civil Rights #Constitutional Law #Estate Planning & Trusts
The Constitutional Court has confirmed that a law which governs matrimonial property in customary marriages is unconstitutional, says a TimesLIVE report. Section 7(1) of the Recognition of Customary Marriages Act (RCMA) of 1998 provides that wives who entered into customary marriages before the Act was passed do not have marital property rights.

Do You Need an “Advance Directive” or a “Living Will”?

By Ashersons Attorneys Published on Friday, 29 September 2017
Tags: #Estate Planning & Trusts #Health Care & Social
If you don’t want to be kept artificially alive – without your consent and perhaps in pain and distress – long after your medical condition becomes hopeless, you need to communicate your decision now to the doctors, hospitals and loved ones who will be caring for you at the end.

Judge declares Wills Act unconstitutional

By Juta and Company (Pty) Ltd Published on Tuesday, 19 September 2017
Tags: #Estate Planning & Trusts #Family Law #Litigation
Western Cape High Court Judge Andre le Grange has declared the Wills Act inconsistent with the Constitution, as it only recognises legal marriages and not Muslim marriages. A Cape Argus report says this comes in the wake of a highly publicised Muslim Marriages’ legal dispute.

Last will not intention of deceased

By Juta and Company (Pty) Ltd Published on Monday, 18 September 2017
Tags: #Estate Planning & Trusts #Litigation
Elefterios ‘Lefty’ Piagalis – who caused his father (83) to write a new will on his death bed, thereby disinheriting his two brothers – will now have to share the family wealth as per their father’s original wishes. According to a Saturday Star report, Lefty asked the Gauteng High Court (Pretoria) to declare that his father’s ‘last will’ – signed shortly before his death in June 2010 – was legitimate.

7 Myths About Making a Will

By Ashersons Attorneys Published on Tuesday, 05 September 2017
Tags: #Estate Planning & Trusts
If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions.

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