Our Insights

GO
GO
Filter: Will
Should you consider massing your estate?

06 November 2023,  André van Niekerk

A term often encountered in estate planning but generally not always that well understood, is the “massing” of estates. In... this article we take a look at what is meant by “massing” and when it makes sense to use massing in estate planning.

READ MORE
1420
Article
Why can deceased estates take so long to be finalised?

29 May 2023,  Tebello Setleko

The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate... after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate? 

READ MORE
3603
Article
PODCAST: How to manage offshore assets in your will and estate planning

15 July 2022,  Francois Fouché

Listen to Francois Fouché, international estate planning specialist from Phatshoane Henney Consult, having an expert discussion on RSG about investments... and the right way to manage offshore assets when it comes to your estate planning and will.

READ MORE
1420
Media
Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that... they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

READ MORE
2362
Article
Can an email qualify as a last will?

14 June 2021,  Millisanté de Wee

My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had... sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?

READ MORE
1079
Article
Can a testator rule from the grave?

16 March 2021,  Johnny Davis

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s... last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

READ MORE
970
Article
Estate Planning 101: Tax exemptions and your last will and testament

09 February 2021,  Johnny Davis

The taxman will always come knocking during your lifetime, but he is not always as unreasonable as society implies. The... mighty Income Tax Act and all other tax related pieces of legislation do allow for certain exemptions, which all young individuals should take note of. Each exemption can justify a lengthy conversation but for purposes of this blog, I would like to shortly address some important exemptions to keep in mind.

READ MORE
1193
Blog
Estate Planning 101: Starting young and ending strong

09 November 2020,  Johnny Davis

Estate planning helps you avoid leaving a portion of your hard-earned cash to the taxman when you die, rather than... leaving it to provide for your loved ones. Because as much as you may not want the taxman to benefit from your death, estate duty lies in wait to attack the assets of the unsuspecting.Similarly, capital gains tax, donations tax and all those other “loved” taxes have an impact on what actions you can take with your assets while you are still alive. With these complexities in mind, it pays to be strategic about your estate planning as a young individual while you are building up your wealth.Over the next couple of weeks, I’ll have a detailed look at five estate planning tips to keep your assets safe from the taxman. These tips are - Invest in a tax-free savings account and/or a retirement annuity.Take out life insurance to cover the estate duty and other debts on assets.Form an inter vivos trust (and throw in a private company) to buy your growth lifestyle assets.Use the tax exemptions of the taxman to your benefit.Sign that dreaded last will and testament and focus on the importance of record-keeping.Look out for my next blogs in this series and learn all you need to know!

READ MORE
1114
Blog
Fighting for a child's best interest once a parent passes away

05 November 2020,  Ilze Strydom

Death is a topic not many wish to think or talk about, especially when it comes to the passing of... a parent or parents of minor children. The sad reality is that parents do at some point pass away, with their children then having to be cared for by someone else. Usually, although always extremely sad, the care of the children is not a problem as the surviving parent will continue with their care. The question however arises, what happens when the parents are no longer married or in a relationship and the primary care giver passes away and the relationship between the children and the surviving parent is not good, or the surviving parent is not in a position to care for the children?What many parents do, is to include a clause in their last will and testament awarding guardianship and care to someone other than the other surviving biological parent. But what weight does such a clause carry? The short answer is a lot, but without a court order confirming it, no weight at all.  South African law determines that the biological parents of a child are almost always automatically the guardians of the child and have the rights to care of the child. What follows is that when one parent passes away and the parents are no longer together when it happens, the other parent in most cases will be the first choice as the primary care taker of the child. However, this is not always in the best interest of the child and any person who has a material interest in the wellbeing of the child, may apply to court to obtain rights which can include guardianship and primary care. When the deceased, in their will, nominates a person as the guardian or care taker at their passing, that person will not automatically acquire the rights envisaged by the deceased and must approach a court to vest these rights, should it be in the child’s best interest. The wishes of the parent who passed and was the primary care taker of the child, will obviously carry a lot of weight when the decision of where the child will live and who will be the child’s guardian is concerned, but it is not the determining factor. The best interest of the child is.The best interest of the child will include factors such as who will be best suited to cater to the child’s emotional, spiritual and educational needs, with whom does the child feel safe and secure, what is the relationship between the child and the person applying for guardianship or care and how will the placement affect the other parents’ rights. It is advisable that parents include the “guardianship clause” in a will, as this will be helpful to any party who has the interest of a child at heart, in the event of that person not being the child’s biological parent and at the passing of the primary care taker.Any person who is faced with the unfortunate situation of having to deal with the care of child at a parent's passing, is encouraged to consult a family law attorney to assist them in the application to court, so as to ensure that the child’s best interest is served. 

READ MORE
1133
Blog
Who inherits the estate - the new wife or the ex?

16 October 2019,  Johnny Davis

My husband has just passed away. We were married in community of property. It has however now transpired that his... will still determines that his ex-wife is the sole heir of his estate. Where does this leave me, and does she have a right to his whole estate?

READ MORE
910
Article
Finding joy in the complex

29 April 2019,  Dr Damian Viviers

I am an Associate in our firm’s commercial department, and would like to take this opportunity to tell you a... little bit about myself. I have a doctorate degree in Mercantile Law and provide a broad range of commercial, research and project development services. I especially enjoy and excel at work involving complex commercial transactions, corporate structuring and information and data protection. From a more personal perspective, I enjoy social gatherings, particularly those involving good company, noteworthy food and a nice bottle of wine. I look forward to sharing and discussing various aspects of corporate, company, commercial and compliance law with you over the next few months. Keep an eye out for my blog for topics of interest to you!

READ MORE
1307
Blog
What do I need to keep in mind when appointing an executor in my will?

09 November 2018,  Nanette Janse van Rensburg

I’m getting married soon and know that we are going to have to get a will in place. My friend... told me that an important decision is deciding on who the executor of our estate will be. I have no idea though how to decide or what to consider. Can you help?

READ MORE
962
Article

Subscribe to our newsletters

Stay up-to-date with the latest news, laws, and events.

SUBSCRIBE NOW