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Administration of Deceased Estates
Administration of a deceased estate in accordance with the provisions of Act 66 of 1965 can be a daunting task. We assist with the process, from reporting the estate to the Master to collection and transfer of assets.
Team
Insights
Safeguarding your legacy for your children
26 March 2024
For any parent, the question of how to protect and provide for their children after their passing is a burning
...
concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.
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37
Article
You must take capital gains tax into account in your estate planning
04 October 2023
When assisting clients with estate planning and discussing the tax considerations applicable to their estate upon their death, an often
...
misunderstood and unplanned for consequence following a death is capital gains tax (“CGT”). In this article, we take a closer look at some of the considerations that come into play with respect to CGT a
show more
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264
Article
Why can deceased estates take so long to be finalised?
29 May 2023
The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate
...
after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate?
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662
Article
Can adopted children benefit from a family trust?
14 June 2021
Sometime before his death, my father established a family trust which contained properties that were rented out to generate income
...
for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There i
show more
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519
Article
Can an email qualify as a last will?
14 June 2021
My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had
...
sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can
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703
Article
Can a testator rule from the grave?
16 March 2021
I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s
...
last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave?&nbs
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612
Article
Who can inherit from a child’s estate?
10 February 2021
I have a friend who has been looking after her grandson since birth when her daughter just walked out on
...
the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have
show more
READ MORE
656
Article
Does your pension payments form part of your insolvent estate?
10 February 2021
I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from
...
my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?
show more
READ MORE
600
Article
Safeguarding your legacy for your children
26 March 2024
For any parent, the question of how to protect and provide for their children after their passing is a burning
...
concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.
show more
READ MORE
37
Article
You must take capital gains tax into account in your estate planning
28 August 2023
When assisting clients with estate planning and discussing the tax considerations applicable to their estate upon their death, an often
...
misunderstood and unplanned for consequence following a death is capital gains tax (“CGT”). In this article, we take a closer look at some of the considerations that come into play with respect to CGT and how regular review of your estate plan is important to ensure that the latest tax considerations have been incorporated into your estate plan.
show more
READ MORE
264
Article
Why can deceased estates take so long to be finalised?
29 May 2023
The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate
...
after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate?
show more
READ MORE
662
Article
Can adopted children benefit from a family trust?
14 June 2021
Sometime before his death, my father established a family trust which contained properties that were rented out to generate income
...
for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?
show more
READ MORE
519
Article
Can an email qualify as a last will?
14 June 2021
My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had
...
sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?
show more
READ MORE
703
Article
Can a testator rule from the grave?
16 March 2021
I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s
...
last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave?
show more
READ MORE
612
Article
Who can inherit from a child’s estate?
10 February 2021
I have a friend who has been looking after her grandson since birth when her daughter just walked out on
...
the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have much time left with the biological mother suddenly making an appearance to try and claim the remainder of the settlement money. Surely my friend is entitled to the money having taken care of the child all her life? What is the position in law?
show more
READ MORE
656
Article
Does your pension payments form part of your insolvent estate?
10 February 2021
I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from
...
my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?
show more
READ MORE
600
Article
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