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 | Jul 14, 2021 | Divorce, Family, Wills and estates
To answer your question, we must consider the recently enacted Recognition of Customary Marriages Amendment Act which came into force on 1 June 2021 (“Amendment Act”). The Amendment Act aims to amend the Recognition of Customary Marriages Act of 1998, by further...
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...
by VDT Attorneys | Jun 14, 2021 | Adoption, Dispute resolution, Testation, Trust, Will, Wills and estates
In the past it was uncertain whether an adopted child was entitled to benefit from a family trust as they were not related by blood to their adoptive parents. The Childrens Act 31 of 1937 provided that an adopted child would not by virtue of adoption become entitled...