Contracting with Trusts – Is a Majority Resolution Valid?

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another reminder to tread carefully when contracting with trusts. Your agreements with [...]

By |2024-07-22T10:24:34+02:00June 1st, 2024|Estates|Comments Off on Contracting with Trusts – Is a Majority Resolution Valid?

Estate Planning: Remember your Pets!

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” (Mahatma Gandhi)   For many of us our pets are a central part of our lives, our much loved “fur babies”, our companions, exercise partners, even therapists through the hard times. But what will happen to [...]

By |2024-01-09T10:46:29+02:00January 10th, 2024|Estates|Comments Off on Estate Planning: Remember your Pets!

Plan Your Estate to Protect Your Family – Two End-of-Year Questions to Ask Yourself

“It’s the most wonderful time of the year!” (Songwriters Pola & Wyle) As the end of another year approaches, with its family celebrations and holidays, take the time to check that your estate plan really does ensure that your loved ones will be looked after when you are no longer here for them. Here are [...]

By |2023-12-07T12:47:54+02:00December 7th, 2023|Estates|Comments Off on Plan Your Estate to Protect Your Family – Two End-of-Year Questions to Ask Yourself

Can a Video Call be a Valid Will?

“Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) It may well be that in the future, we will be able to make a perfectly valid will (“Last Will and Testament”) by way of a video recording or other electronic means, but that day has not yet arrived. For now, [...]

By |2023-12-07T12:39:27+02:00October 1st, 2023|Estates, Family Law|Comments Off on Can a Video Call be a Valid Will?

How to Protect Your Children’s Inheritances from Ending Up in the Guardian’s Fund

“Live each day as if it were your last… because one day, you’ll be right.” (Benny Hill) It’s always tempting to procrastinate about decisions that force us to address the inevitability of our own mortality. But we have no choice when it comes to protecting our loved ones after we are gone, because to protect [...]

By |2023-12-07T12:25:34+02:00September 1st, 2023|Estates, Family Law|Comments Off on How to Protect Your Children’s Inheritances from Ending Up in the Guardian’s Fund

Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy!

“A Legacy Letter is a way for you to share your values, life lessons, cherished memories, hopes for your family’s future, and anything else that is really important to you.” Estate planning is key to ensuring that your loved ones are properly catered for after you are gone. Ideally go beyond the practical and financial [...]

By |2022-05-03T16:09:30+02:00May 3rd, 2022|Estates, Family Law, Property Law|Comments Off on Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy!

Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!

“Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) Your will (“Last Will and Testament”) will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept. By not having his will drawn by a [...]

By |2022-04-06T16:12:21+02:00April 6th, 2022|Commercial Law, Estates, Family Law, Property|Comments Off on Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!

Why Life Partners Still Need Cohabitation Agreements and Wills

“Census data of 2016 reveals that approximately 3.2 million South Africans cohabit outside of marriage and that this number is increasing steadily.” (Extract from judgment below) What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do? A [...]

By |2022-02-02T15:54:58+02:00February 2nd, 2022|Commercial Law, Estates, Family Law, Property|Comments Off on Why Life Partners Still Need Cohabitation Agreements and Wills

Don’t Let Delays in the Master’s Office Leave Your Family in Financial Distress

“Someone’s sitting in the shade today because someone planted a tree a long time ago” (Warren Buffett) Whilst the first and most important step in your estate planning is always to have in place a professionally drawn and regularly updated will (“Last Will and Testament”), there is another aspect which demands your urgent attention, particularly [...]

By |2021-12-10T10:20:40+02:00December 10th, 2021|Estates, Property|Comments Off on Don’t Let Delays in the Master’s Office Leave Your Family in Financial Distress

Estate Planning and Wills: A Checklist to Protect Your Family

“Don’t fear death, plan for it” (Anon) Amazingly, here we are in the middle of a deadly pandemic yet still some 70% - 80% of working South Africans are said to have no will in place. That’s crazy for two reasons – Without a will your loved ones are exposed   When you die your grieving [...]

By |2021-09-02T08:31:53+02:00September 2nd, 2021|Commericial, Estates, Property|Comments Off on Estate Planning and Wills: A Checklist to Protect Your Family
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