by VDT Attorneys | Nov 6, 2023 | Estate Planning, Massing, Repudiation, Will
There are two types of massing, namely statutory massing and common law massing. For purposes of this article, we will focus on the more commonly recognised statutory massing, although common law massing also has its place in estate planning. Statutory estate massing...
by VDT Attorneys | Jul 27, 2023 | Corporate governance, Trust, Will
The Supreme Court of Appeal (SCA) on 26 May 2023 handed down judgment in the Shepstone & Wylie-case in what has turned out to be a rather controversial decision. The case dealt with the Penvaan Property Trust (“the Trust”) which had three trustees. On 25 May...
by VDT Attorneys | May 29, 2023 | Deceased Estate, Estate Planning, Executor, Will, Wills and estates
The Administration of Estates Act 66 of 1965 (“Act”) differentiates between the winding up of small and large estates. When dealing with an estate smaller than R250,000, the process can be fairly simple and quick. A representative appointed in terms of a valid Will or...
by VDT Attorneys | Mar 29, 2023 | Estate Planning, Fiduciary, Trust, Will, Wills and estates
When you get married in South Africa, your marriage is automatically in community of property unless you conclude an antenuptial contract to change this. This means that without an antenuptial contract, all assets and debt incurred before and after the marriage by...
by VDT Attorneys | Oct 12, 2021 | Trust, Will, Wills Act, Wills and estates
In terms of our law of succession, the Master of the High Court can only register and accept wills that comply with all the formalities in terms of the Wills Act. In a case where an original will is lost or destroyed and only a copy of the original will is available,...
by VDT Attorneys | Jun 14, 2021 | Electronic signature, Will, Wills and estates
In South Africa, the requirements for a valid will are set out in the Wills Act 7 of 1953. The testator or testatrix should be 16 years of age or older, the will must be in writing, and each page of the will including the last page of the document must be signed by...
