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Filter: Testament
The Omission of a Single Word Can Lead to a Will Being Contested

03 May 2024,  Jan van Zyl

The contents of an “inelegant and very badly drafted” will were recently the subject of a dispute in the South... Gauteng High Court, in the matter Strauss vs Strauss and Others.The plaintiff instituted action claiming that the joint will of his parents not only made provision for the situation where they died within 30 days of each other, but also if the survivor died after the expiry of the 30-day period without having made a subsequent will. The first and second defendants are the plaintiff’s sisters.

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1662
Article
The Intent to Revoke a Last Will and Testament

03 October 2023,  Jan van Zyl

The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased,... hospitalised with COVID-19, expressed a desire to revoke their will and draft a new one. However, the court found that the necessary intent to revoke was absent, emphasising the importance of complying with the Wills Act's requirements.

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3425
Article
Are there transfer duty implications for property options in a last will and testament?

05 July 2023

Any person drawing up a last will and testament, and who intends to include an option to purchase any of... their properties, should be aware of the transfer duty implications such provision might bring forth. This article intends on discussing the beforementioned implications at the hands of the case of Secretary for Inland Revenue v Estate Roadknight & Another 35 SATC 250 1973 (A).

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2490
Article
Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that... they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

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1480
Article
Get organised by putting these essential documents in place

30 January 2020,  Jan van Zyl

No one really wants to think about serious illness or death. While you may not want to think about these... things, going without planning can be problematic on many levels. If you want to make sure that your loved ones and your assets are secure, it is time to get better prepared by having those essential documents in place.

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1513
Article
The Approach of our Courts to the Interpretation of Wills and Testaments

25 July 2019

A family member of yours recently passed on. They left a will in which you are named as a beneficiary,... but it transpires that a few provisions in their will are unclear or ambiguous. What does this mean for your inheritance? Is a court only permitted to order what is explicitly written by the testator? Or may a court allow something to be read into a provision even if the testator did not explicitly mention it?

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2567
Article

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