Our knowledge, your power

GO
GO
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.

READ MORE
563
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.

READ MORE
870
Article
Are there transfer duty implications for property options in a last will and testament?

05 July 2023,  Marilie Beukes

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).

READ MORE
1295
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?

READ MORE
470
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.

READ MORE
528
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?

READ MORE
1182
Article

How can we help you?

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, ma...

Show more

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 representat...

Show more

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 an...

Show more

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 w...

Show more

Child Rights

Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations, draft...

Show more

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, med...

Show more

Consolidation and Subdivision

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 aut...

Show more

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, consum...

Show more

Contract Management

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

Show more

Corporate

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

Show more

Corporate Governance

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

Show more

Cost Consultancy

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 an...

Show more

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.

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.

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.

Insolvency and Business Rescue

Advice and support to businesses in distress, business rescue planning, insolvency and related services, liquidations and sequestrations, debt recoveries, dispute... resolution, debt restructuring, recovery of assets, creditor engagement and all related advice and support.

Stay up to date with developments