Testamentary Trust
Beware of nominating multiple executors as the logistics of three or more people dealing with SARS and the Master’s Office can be an impossible task.
Special trusts are those which are created for people with special needs, for example individuals with serious mental or physical disability and who are unable to provide for themselves financially.
Friendships and relationships evolve over time, and it may be that some of the trustees you nominated no longer fit the bill when it comes to administering your assets in the best interests of your loved ones.
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
If you have minor children, not making provision for a testamentary trust can lead to problems and unintended consequences after your 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.
Even a seemingly insignificant oversight can change the meaning of your Will entirely and lead to unintended consequences.
Failure to understand the impact of your marital property regime on death can result in financial problems such as the forced sale of assets, inability to pay taxes and debt, and the estate not being able to provide sufficiently for
Estate planning is often perceived as planning for your death. However, much of estate planning involves events that occur during your lifetime and includes financial planning, selecting an appropriate marriage regime, tax and business planning, offshore investing and retirement planning.
