South Africa: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

What Black Coffee's Divorce Teaches About Customary Marriages

A recent High Court decision arising from the high-profile Black Coffee divorce has clarified core principles that matter far beyond celebrity headlines.

South Africa Family

FW

Fairbridges Wertheim Becker

Should I Buy My Residential Property In My Own Name, In A Company, Or In A Trust?

When purchasing residential property in South Africa, one of the most important decisions is the choice of ownership vehicle.

South Africa Tax

BI

Barnard Inc.

Must A Surviving Parent Prove Their Financial Means To Claim Maintenance From A Deceased Estate?

On 7 June 2024, the Pretoria High Court handed down a judgment in the case of LL v AM and Others. The court dismissed an exception raised by the executors of a deceased estate ("the Defendants")...

South Africa Family

F

Fasken

Transferring Immovable Property From A Deceased Estate: Understanding The Process

When the registered owner of immovable property dies, the property forms part of their deceased estate. Consequently, no dealings can occur until the relevant...

South Africa Real Estate

FW

Fairbridges Wertheim Becker

Divorce And Wills: The 3-Month Countdown You Cannot Ignore

South Africa Family

FW

Fairbridges Wertheim Becker

Untying The Co‑Ownership Knot

South Africa Family

FW

Fairbridges Wertheim Becker

Balancing Dependant Rights And Testamentary Wishes

South Africa Family

BI

Barnard Inc.

Securing Your Digital Legacy: The Importance Of Digital Estate Planning

South Africa Family

E

ENS

Fiduciary Law In 2024: Essential Wills Guidance For Business Owners

South Africa Family

BI

Barnard Inc.

Thy Will Not Be Done?

South Africa Family

BI

Barnard Inc.

The Price Of Oversight: The Importance Of Citing Interested Parties

South Africa Litigation

E

ENS

Guarding Your Legacy: The Indispensable Value Of A Will

South Africa Family

BI

Barnard Inc.

Succession Planning In Small And Medium Sized Businesses

South Africa Commercial

Ai

Andersen in South Africa

What To Expect When Purchasing A Property From A Deceased Estate

South Africa Family

BI

Barnard Inc.

Will October 2025 See The End Of South Africa's Greylisting Headache?

South Africa Government

E

ENS

Mergers & Acquisitions In The Food Industry: Legal Trends And Considerations

South Africa Commercial

WW

Webber Wentzel

Taking Off The Shine: Uganda's Education Body Demotes Top Degrees From Kenya And United Kingdom

Worldwide Consumer

E

ENS

The AI Trade Secret Tug-of-war

South Africa IP

E

ENS

The SCA Confirms Expired Contracts Are Unenforceable When A Suspensive Condition Fails

South Africa Commercial

Ai

Andersen in South Africa

Considerations For Selecting An Executor In Your Will

When it comes to drafting your will, one of the most important decisions to consider is who will be nominated as the Executor of your deceased estate.

South Africa Family

BI

Barnard Inc.

Drafting A Will That Deals With Your Foreign Assets

Statistics have shown that in 2020, the total number of South Africans that emigrated was roughly 915 000, and many purchased property or business assets in other

South Africa Family

BI

Barnard Inc.

The Problematic Ripple Effect Of A Do-It-Yourself Will

In South Africa, any will that was created after 1 January 1954, must be in writing. They may be handwritten, typed, or printed.

South Africa Family

BI

Barnard Inc.

Nexia SAB&T Insight Guides

Nexia SAB&T has developed interactive guides that provide an overview of the more common structures used for doing business but also some detail on the main personal, corporate, and indirect taxes in the relevant year.

South Africa Commercial

NS

Nexia SAB&T

Banks Criticised For Contributing To Unacceptable Delays In The Winding Up Of Deceased Estates

South Africa Family

BI

Barnard Inc.

How To Set Up An Offshore Trust – Five Key Factors To Consider

South Africa Government

TS

The Sovereign Group

How Incontestable Is Your Business Will?

South Africa Family

BI

Barnard Inc.

Legal Masterclass: Navigating The Minefield Of Divorce

South Africa Family

SI

SchoemanLaw Inc.

Can A Last Will Override Beneficiary Nomination In A Policy?

South Africa Family

BI

Barnard Inc.

Nasciturus Fiction – Inheritance For An Unborn Child

South Africa Family

SI

SchoemanLaw Inc.

Contesting A Will

South Africa Family

SI

SchoemanLaw Inc.

What You Need To Know About The Guardian Fund

South Africa Family

SI

SchoemanLaw Inc.

The Duties Of The Executor Of A Deceased Estate

South Africa Family

SI

SchoemanLaw Inc.

Post Nuptial Agreements – Mediation As A Means To Alter Your Antenuptial Contract

South Africa Family

SI

SchoemanLaw Inc.

Contesting A Will

Freedom of testation is the core principle when determining whether a will is valid and whether it can be contested or not, as South African law underpins the testator's rights to decide how they wish for...

South Africa Family

SI

SchoemanLaw Inc.

What You Need To Know About The Guardian Fund

The Guardian's Fund (hereinafter referred to as the ‘Fund') was established to administer the funds of various persons who cannot do so themselves.

South Africa Family

SI

SchoemanLaw Inc.

The Duties Of The Executor Of A Deceased Estate

Throughout your life, you may acquire assets like a house or a car and also be in possession of certain items that you hold near and dear to your heart, like family heirlooms.

South Africa Family

SI

SchoemanLaw Inc.

Post Nuptial Agreements – Mediation As A Means To Alter Your Antenuptial Contract

Getting married is an exciting journey for any couple seeking to spend the rest of their lives together. However, not every marriage has a happy ending, and one needs to be prepared...

South Africa Family

SI

SchoemanLaw Inc.

Wills And Estates: The Executor

South Africa Family

SI

SchoemanLaw Inc.

Estate Planning During A Pandemic: Are Your Affairs In Order?

The Coronavirus (COVID-19) pandemic, which has disrupted lives and continues to wreak havoc on the global economy, has seen a sudden and dramatic shift in the way we live.

South Africa Family

E

ENS

The Last Will And Testament – A Story For The Blockchain And Tokenisation

A person's last Will and testament, best to refer to as a Will, embodies a representation of all that a person is worth. In a more profound sense,...

South Africa Family

SI

SchoemanLaw Inc.

Affect Of Repudiation On An Inheritance

Where a deceased dies testate or intestate and certain of the testate or intestate heirs elect to renounce their right to the inheritance,

South Africa Family

TC

Tonkin Clacey Pretoria

Divorce And Immovable Property

Unfortunately, we often encounter divorce orders where the immovable property is dealt with in very little or no detail.

South Africa Family

DV

Dykes Van Heerden Inc

Date Of Transaction

South Africa Real Estate

TC

Tonkin Clacey Pretoria

Having A Claim For Loss Of Support No Longer Means Having To Say "I Do"

South Africa Finance

CC

Clyde & Co

Handwritten Wills – It Comes With A Price!

South Africa Family

M

Millers

Renunciation Of An Inheritance – SARS Clarifies Tax Consequences

South Africa Family

SI

Schoemanlaw Inc

The Importance Of Drafting Wills

South Africa Family

SI

Schoemanlaw Inc

The Restrictions On A Testator’s Freedom Of Testation

South Africa Family

E

ENS

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Latest Videos

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Estate Planning (Video)

OA

Olisa Agbakoba Legal (OAL)

Wills Writing In Zimbabwe (Video)

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

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