Legal Articles and Guides
The Constitutional Court has ruled that a trust created by a donor for the benefit of his children and their descendants unfairly discriminated against children adopted by one of his daughters as it did not include them, notes a TimesLIVE report.
A father’s renewed bid to share in the R15m left behind by his late son whom he had not seen since the child was six months old has been turned down by the Gauteng High Court (Pretoria), says a Pretoria News report.
The administration of estates have virtually ground to a halt due to inefficiencies at the Master’s offices and the failure of the Government Printing Works to publish a legal notices gazette for four weeks, reports Rapport.
SA’s legal practitioners, already disgruntled with alleged corruption at the country’s 15 Master’s Offices, say the disarray in winding up deceased estates – worsened by Covid-19 deaths – risks taking them out of the R30bn sector.
An out-and-out disinheritance clause in a will executed more than 100 years ago that excluded female lineal descendants has been overruled by the Constitutional Court, says a Cape Times report.
Because a formal marriage ceremony is not concluded, individuals in life partnerships do not benefit from laws that apply to married people.
While nobody wants to contemplate their own passing, we live in dangerous times and it is important to think about how your death will affect your loved ones financially. Planning appropriately can make a big difference to the impact that your family will feel.
The battle between sisters over the sale of their father’s home – left to them in his estate – after one of the five lived in it rent free for nine years has finally been resolved in the Western Cape High Court.
Trustees are of course supposed to work together to protect and further the interests of their trust and its beneficiaries, but the fact is that on occasion serious disputes can and do arise.
A parent does not in the strictest sense of the word need to be the blood and biological parent of a child to inherit if the child dies intestate. This, says a Cape Times report, was the finding of the Pretoria High Court in ordering that the mother and grandmother of a five-year-old boy inherit the millions left in his estate.
We live in particularly dangerous times, and making sure that our affairs are in order is perhaps even more vital for us all than before. Leaving a will in place is of course the only way to properly protect your loved ones after you are gone. Take steps now to ensure that it will be accepted as valid and that there is as little danger as possible of it being challenged in any way.
Home Affairs Minister Aaron Motsoaledi has ordered his department to urgently comply with a November court order which would allow a minor child to qualify for an R8m overseas inheritance.
In his latest offering on his Constitutionally Speaking blog, Pierre de Vos has proposed SA should do away with the transfer of 'intergenerational wealth' via inheritance or heavily tax inheritance as a form of redistribution of wealth.
A deceased businessman’s failure to dissolve his first customary marriage by divorce decree has left his family in a legal battle with his estranged first wife over a R3m estate.
Particularly in these times of pandemic, deadly infections and uncertainty, no one can ever say with any confidence that we will still be alive tomorrow, or next month, or next year.