Home /Our Insights /Home /Home
BOND CALCULATOR SUBSCRIBE

Our knowledge, your power

GO
GO
Filter: Wills and estates
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
695
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. 

READ MORE
3228
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
1299
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
653
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. 

READ MORE
505
Article
Locked down during the pandemic: How to make a will and get it witnessed

24 April 2020,  Jan van Zyl

Demand for making wills has surged during the COVID-19 pandemic. A person creating a will and two witnesses must be... in the same place and all sign the will to ensure it is valid. During the lockdown, the two-witness rule is hindered by social distancing and is creating practical - but not insurmountable - challenges. People with existing health conditions and the elderly are the most likely to want to sort out their will right now, but they are also the most threatened by close contact with others.

READ MORE
673
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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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

VIEW EXPERTISE

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.

VIEW EXPERTISE

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.

VIEW EXPERTISE

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.

VIEW EXPERTISE

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.

VIEW EXPERTISE

Stay up to date with developments

SUBSCRIBE NOW