Tag Archivesdeceased estates

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 […]

Read full story
Transfer of Immovable Property in a Deceased Estate

Overview: Transfer of Immovable Property in a Deceased Estate

Introduction It is common for people to become registered owners of Immovable Property during their respective lifetimes. However, what happens to the Immovable Property when these individuals pass away? In South Africa, when the registered owner of Immovable Property has died, his/her property will need to be transferred to another person. Most registered owners die […]

Read full story
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 […]

Read full story
movable assets

Movable assets in South Africa of a deceased who was ordinarily resident in another state – Section 20 of the Administration of Estates Act 66 of 1965 and the relevance thereof to legal practitioners

With the percentage of South African citizens immigrating to other countries increasing yearly, it is necessary to be aware of the fact that many of these individuals will most likely spend the rest of their lives in that country. This means that they will most likely concluded their last will and testament there. Most of […]

Read full story

The Validity of Electronic Wills in South Africa

In South Africa the Master’s Office (the statutory body dealing with the deceased’s estate) will not accept a Will as valid if it does not comply with the formal requirements as set out in the Wills Act 7 of 1953 (hereafter referred to as “the Act”). The legal formalities for a Will to be valid […]

Read full story