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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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614
Article
High Court Validates Electronic Will of Late Constitutional Court Justice

08 October 2025,  Jan van Zyl

In an important judgment that addresses the intersection of modern technology and traditional legal formalities, the Northern Cape High Court... in Kimberley has ordered the Master of the High Court to accept an electronically signed will as the valid last will and testament of the late Constitutional Court Justice Mokgoro.

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Article
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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1562
Article
Understanding Living Wills

04 April 2024

When one thinks of a will, the first thing that comes to mind is probably a last will and testament.... This type of will expresses a person’s wishes after they have died.However, a living will, despite sharing some similarities with a last will and testament, is not the same thing. It can be described as a legal document outlining an individual's preferences for medical decisions in the event they are unable to communicate these wishes themselves. It can be a very helpful tool for family members and healthcare providers when they are faced with making medical decisions on someone’s behalf.

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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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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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