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Filter: Estate Planning
Your Will is Set, But Who is in Charge? A Guide to the Executor of Your Estate

05 January 2026,  Debbie Ndlovu

Completing your last will and testament is one of the most responsible steps you can take to protect your loved... ones. It provides clarity, minimises conflict, and ensures your assets are distributed according to your wishes. However, a will is only as effective as the person tasked with carrying it out. This crucial role is fulfilled by your executor. In this article, we delve into the importance of appointing a capable executor, explain how it is done correctly, and outline the process should it become necessary to remove an executor under section 54 of the Administration of Estates Act.

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Article
Children’s Status and Their Right to Inherit

29 May 2025,  Tinus Botes

Within the framework of South Africa’s law of succession, constitutional values such as equality and non-discrimination have elevated children’s rights... to inherit significantly. Our legal position currently has impacted both the status and inheritance rights of extramarital children, children conceived through artificial insemination, children born of surrogacy, and adopted children. The Children’s Act 38 of 2005 and the Intestate Succession Act 81 of 1987 have provided the legal framework that governs these rights.

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Article
Banking Fraud and Estate Administration – The Case That Put Banks on Notice

29 May 2025,  Jan van Zyl

In a landmark judgment delivered by the Western Cape High Court recently, the court made it clear that banks cannot... escape liability when they pay estate funds to the wrong person, even when that person presented themselves as the lawfully appointed executor of a deceased estate. The case of Turner NO v Standard Bank of South Africa Limited and Another serves as a stark warning to financial institutions about their duty of care when handling the funds of deceased clients.

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Article
The Costs of Deceased Estates Explained

04 October 2024,  Jan van Zyl

An important function of an executor, the person who is appointed by the Master of the High Court to administer... a deceased estate, is to account for the liabilities in the estate of the deceased. Keep in mind that only once the liabilities in the estate have been discharged can the heirs receive their inheritances. In this article, the various costs and expenses involved in administering a deceased estate are explained.

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Article
Understanding Estate Massing in Community of Property Marriages

05 July 2024

In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go... to specific beneficiaries. This is done while still ensuring the surviving spouse's welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate combining process.

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Article
Can a Testator Disinherit Their Surviving Spouse?

03 October 2023

The Maintenance of Surviving Spouses Act 27 of 1990 permits surviving spouses to seek maintenance from the deceased spouse's estate... upon the marriage ending due to death. This claim lasts until the survivor's death or remarriage and factors in estate value, the survivor's financial circumstances, marriage duration, living standards, and age.

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Article

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Administration of Estates

Administration of deceased estates, include advice and guidance, executorships, preparation of all documentation for submission to the Master of the... High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate.

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Appeal

Appeal and review support and assistance in all appropriate forums, risk and merit assessment, preparation and lodging of appeal documentation... and records, case management, legal representation, briefing of counsel and all related support services.

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Banking and Finance

Banking and finance services, advice and support in relation to credit and finance agreements, transaction structuring, financing agreements, securities and... negotiable instruments, shares and debentures, regulatory compliance, opinions, and drafting of related documentation and agreements.

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Bond Registration and Cancellation

Advice and support regarding the registration and cancellation of mortgage bonds, drafting and preparation of securities, engaging with financiers, preparation... and lodging of documentation with the Deeds Office, engaging with third parties, obtaining all necessary authorities and approvals, management of the registration or cancellation process.

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Child Rights

Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations,... drafting of documentation and agreements, initiation of proceedings and all other matters relating to child rights.

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Commercial Contracting

Advice and drafting of all types of commercial, business and other agreements and transaction documents, standardised contract formats, reviews and... audits, risk assessments, negotiation, mediation and dispute resolution.

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Advice and support regarding the consolidation or subdivision of immovable property, including the preparation and lodging of documentation with the... Deeds Office, obtaining all necessary authorities and approvals, engaging with third parties, management of the consolidation or subdivision process.

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Consumer Law

Advice and support in respect of all aspects of legal and regulatory aspects relating to the consumer including business audits,... risk assessments, drafting of policies and procedures, consumer agreements, drafting of forms, terms and conditions, e-commerce and other aspects relating to consumer law.

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Advice and support in respect of contract management, contract storage, risk and liability assessment, contract reviews, contract due diligences, contract... management policies and procedures, standardised contract formats.

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Advice and support in respect of entity formation, preparation of founding documentation, registrations, maintenance, amendments, drafting of agreements and resolutions,... and company secretarial and administrative support services

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Advice and support regarding regulatory compliance, corporate governance, risk assessment, decision-making, company secretarial functions, policies and procedures, training, and the... drafting of opinions and documentation.

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Cost consultancy advice and support to law firms and clients in respect of litigious and non-litigious costs, drawing and taxation... of bills of account in all South African Courts, drawing and assessment of non-litigious statements of accounts at Law Councils, and opposing or settling of bills of costs.

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