high court
A curator bonis has limited powers of investment which can adversely affect the growth of assets in the estate. The nature of the job together with generally poor remuneration means it is difficult to find appropriate candidates to assume the
If you have a loved one who is mentally and/or physically incapable of managing his affairs, our common law makes it possible to approach the High Court for the appointment of a Curator Bonis, although keep in mind that the
An effective way to ensure that your affairs can be protected and safely managed in the event of mental incapacity is through the use of an inter vivos trust, which is a type of trust set up during your lifetime,
Unlike a child’s natural guardian, a guardian appointed by the court can choose whether to accept the position or not. However, in assuming the office of guardian they do not have a legal duty to support the child but rather
When making an application to the courts, you and your spouse will need to set out sufficient reason for making the change. Further, you will need to satisfy the court that neither of you is insolvent nor has any judgement
Assets that you had intended to bequeath to your loved ones may need to be sold in order to pay off the debt in your estate which, besides for leaving your heirs in a financially precarious position, could have tax
An alternative to appointing a Curator Bonis or Administrator is to set up a Special Trust Type A, which is a trust created solely for the benefit of a person with a mental or physical disability which prevents him from
A usufruct is created where a testator gives someone the right to the income or use of a specific asset, such as a house. For example, a husband may grant his wife usufruct over their home until she dies, although
The matrimonial property regime that you choose at the outset of your marriage has far-reaching implications in respect of your assets, debt, insolvency, divorce and death.
The need to revise one’s Will is generally triggered by certain events such as the birth of a child, marriage, divorce, the death of a beneficiary or executor, or gaining property that is not part of your existing will.
