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Filter: Wills and estates
Deceased Estates Administrator

17 May 2024

Our law firm is seeking a motivated and efficient individual to join our team in Somerset West as an administrator ... of deceased estates.

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156
Vacancy
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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563
Article
Can You Inherit From Someone You Have Merely Been Living With?

29 January 2024,  Ethan Du Toit

In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What... are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the deceased estate? If yes, under what circumstances would a claim be allowed? The answer to these questions will be explored in light of the Bwanya v Master of the High Court, Cape Town and Others case. 

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2195
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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870
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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470
Article
Getting this wrong might have your loved ones end up in court

07 September 2020,  Jan van Zyl

The formalities for the valid execution of a Will are set out in the Wills Act. The formalities are simple,... yet so many people get it wrong. A Last Will and Testament must be signed in the presence of two witnesses to be valid. 

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415
Article

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