Execution of Wills and Administration of Estates

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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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Testamentary Trusts

Testamentary Trusts

We all have read and heard somewhere in our lives of the importance of a Will.  However, we have not heard the reasons as to why we need to make provision for a testamentary trust in our Wills.  As we are celebrating Youth Month in June, we are now more aware than ever before that […]

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cryptocurrency

What happens to your Cryptocurrency when you pass away?

What seemed to be a completely foreign concept just a few years ago, is now a reality for most investors. Cryptocurrency is a virtual form of money that is protected by indestructible Cryptography which makes it a secure way to store wealth and investments. Cryptocurrencies are unique in the sense that their blockchain technology is […]

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redistribution agreements

Redistribution Agreements and Requirements by the Master of the High Court

When a person dies, their beneficiaries may inherit moveable and/or immoveable assets in terms of a valid will (testate succession) or interstate succession (in terms of the Intestate Succession Act No 81 of 1987). However, not all the heirs concerned may be thrilled with what they have inherited, and they therefore have the option to […]

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