Estate planning
If the executor named in your will has since emigrated, it may be wise to update your will and appoint someone based locally. This ensures a smoother estate administration process, avoiding delays and unnecessary financial burdens on your beneficiaries.
The Wills Act prescribes strict requirements for a valid Will, and any deviation may render it invalid. Importantly, your two witnesses must be competent and must sign in full at the bottom of each page.
Many retirees choose to hold on to the family home for sentimental reasons, even after their adult children have established their own households. However, if your long-term plan is to downscale to a more manageable property, it is worth considering
One of the greatest disadvantages of this marital regime is that the couple remains jointly liable for each other’s debt, including debt incurred before the marriage. In a community of property marriage, one spouse has the capacity to bind the
From a cost perspective, where fixed property is transferred to another person by way of inheritance – whether testate or intestate - no transfer duty is payable, and Sars will issue a transfer duty exemption certificate upon application by the
While the law allows you to appoint a family member or friend as your executor, the final decision rests with the Master of the High Court. If the Master deems your chosen executor insufficiently qualified, they may require professional assistance
A Living Will, also known as an advance directive, is a document that outlines a person’s wishes regarding medical treatment in situations where they can no longer communicate for themselves. It allows individuals to refuse certain life-sustaining interventions if there
The child’s guardian has the ability to claim funds from the Guardian’s Fund to cover essential expenses such as school and university fees, clothing, medical aid premiums, food, and maintenance costs. However, these claims are capped at R250,000 from the
It is important to keep in mind that there is no such thing in our law as a ‘common law spouse’, and no legal status is conferred on couples who choose to live together without getting married.
If you are declared insolvent, Section 37B of the Pension Funds Act provides that the funds in your retirement annuity are protected from your creditors, although this does not mean that your RA funds enjoy complete protection from creditors.
