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SCA ruling clears up traditional burial dispute

By Juta and Company (Pty) Ltd Published on Wednesday, 10 July 2019
Tags: #Estate Planning & Trusts #Litigation
The SCA has ruled that a Northern Cape family has a right to bury a relative on a farm the deceased did not live on, notes a TimesLIVE report. Madgelena de Wee was buried two years ago after the Land Claims Court ruled that her family had a right to bury her at her family’s ancestral graveyard on Middel-Plaas.

SCA rules against pension fund payout to dead woman

By Juta and Company (Pty) Ltd Published on Wednesday, 05 June 2019
Tags: #Estate Planning & Trusts #Litigation #Pension Law
The SCA has ruled against an insurer in a dispute over a payment made to a deceased beneficiary. The Cape Times reports that the FundsAtWork Umbrella Pension Fund had allocated 42% of member Massimiliano Guarnieri's death benefits to his mother without first checking if she was alive.

‘Forged will’ case withdrawn

By Juta and Company (Pty) Ltd Published on Friday, 10 May 2019
Tags: #Criminal Law #Estate Planning & Trusts #Litigation
Fraud charges against Adline Pillay (62) – accused of forging the will of her late neighbour in a bid to defraud her R78m estate – have been provisionally withdrawn.

'Gangster State' author condemns Cape launch cancellation

By Juta and Company (Pty) Ltd Published on Friday, 12 April 2019
Tags: #Civil Rights #Estate Planning & Trusts #Litigation
Author Pieter-Louis Myburgh has condemned the V&A Waterfront for failing to 'defend free speech' when it cancelled the launch of his book Gangster State, about ANC secretary-general Ace Magashule, over safety concerns. V&A spokesperson Donald Kau said the decision to cancel the launch had been made in consultation with the police.

Trustees at War: The Removal Remedy and Its Limits

By Ashersons Attorneys Published on Monday, 04 March 2019
Tags: #Estate Planning & Trusts #Litigation
What happens when a trust’s trustees fall out and go to war with each other? If a polite request to the minority trustee to resign bears no fruit, can the majority forcibly remove him or her? And if so, must they have good reason to do so?

Dispute over ANC veteran's burial wishes

By Juta and Company (Pty) Ltd Published on Tuesday, 08 January 2019
Tags: #Estate Planning & Trusts #Litigation
A family feud has erupted over the alleged last will of ANC veteran Khabisi Mosunkutu in which he stated that he wanted to be buried in the Free State, notes a report in The Star. His relatives are expected to file court papers today against the politician’s wife, Nonqaba, to challenge his burial at the Westpark cemetery last Thursday, saying it was against his dying wishes.

Amor Vittone loses in Joost van der Westhuizen will dispute

By Juta and Company (Pty) Ltd Published on Tuesday, 13 November 2018
Tags: #Estate Planning & Trusts #Litigation
Springbok rugby player Joost van der Westhuizen's widow Amor Vittone will only inherit a television set from his estate, according to a report on the IoL site. This was after the Gauteng High Court (Pretoria) yesterday ruled that the will Joost had drawn up on 2 September 2015, but failed to sign himself, was his last and true testament.

SCA rules against adopted children benefiting from trust

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Estate Planning & Trusts #Litigation
The SCA ruled last week, in a 4-1 decision, that the trust created by a donor for the benefit of his children and their descendants did not include two stepchildren adopted by one of his daughters, notes TimesLIVE. In this case, Louis John Druiff executed a Notarial Deed of Trust as well as a will 'for the benefit of his children and their descendants'.

US ambassador-to-be in family court battle

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Estate Planning & Trusts #Litigation
SA-born handbag designer Lana Marks, the globe-trotting businesswoman who is tipped to be the next US ambassador to SA, is caught up in a family feud playing out in the Eastern Cape High Court (Grahamstown). A Sunday Times report notes Marks is embroiled in a spat with her two siblings over control of their parents’ assets worth millions. She has been accused by her brother Malcolm Bank and sister Anne Pogroske of transferring their parents’ apartment in Trump Plaza in West Palm Beach, Florida, into her name without her siblings’ knowledge.

What To Do When Someone Dies

By Ashersons Attorneys Published on Monday, 08 October 2018
Tags: #Estate Planning & Trusts #General Legal Practice
The inevitability of death doesn’t detract from the shock and distress that it brings to the grieving survivors, and much as we don’t like to plan for these things it will help at least a little to know what to do in practice after a death.

Do You Need a Will?

By Ashersons Attorneys | Mame Frema Amoateng | Published on Monday, 10 September 2018
Tags: #Estate Planning & Trusts
It’s natural for one not to want to make plans for one own’s mortality, but we owe it to ourselves and our loved ones to do exactly that, and to do it without delay. Why? The Yale Book of Quotations quotes “‘Tis impossible to be sure of any thing but Death and Taxes,” from Christopher Bullock’s book, The Cobler of Preston (1716).

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.

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