Execution of Wills and Administration of Estates

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#Deceased Estates – Removing an Executor from Office

When someone dies the deceased estate is reported to the Master of the High Court (“the Master”) and the administration conducted by the executor or masters’ representative as the case may be. Where the executor is not performing these duties to the required standard, such person may be removed from office.  In this regard sections, […]

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The Last Will and Testament – A Story for the Blockchain and Tokenisation

A person’s last Will and testament, best to refer to as a Will, embodies a representation of all that a person is worth. In a more profound sense, Wills represent a person’s accomplishments and are a measure of one’s value and contribution to one’s friends, family and society. For this reason, Will’s, since first used […]

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Circumstances in which an unborn child can inherit from a Deceased Estate

Introduction It is often scary to think about the future wellbeing of one’s children and/or grandchildren, once you no longer around. Individuals tend to ensure that their children and/or grandchildren are protected and catered for in their Last Will and Testaments. But what is the position when it comes to unborn children? Are they entitled […]

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Customary Law and a Valid Executed Will

Not all rules and regulations are governed by written Legislation. The Constitution of South Africa recognises unwritten “Legislation” namely, Common and Customary Law. Customary Law is defined as: “An established system of immemorial rules which has evolved from the way of life and natural wants of the people, the general context of which was a […]

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Section 2C (1) of the Wills Act declared invalid by the Constitutional Court – The effect on polygamous Muslim Marriages

Section 2C (1) of the Wills Act 7 of 1953 as amended (hereinafter referred to as the “Wills Act”), previously prevented surviving spouses who entered into polygamous Muslim marriages, in terms of Muslims rites only, from inheriting repudiated shares of a deceased’s estate. In September 2017, the High Court of South Africa, Western Cape Division, […]

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