An essential part of the process of administering a deceased estate in South Africa entails the issuing of a legal document by the relevant Master of the High Court (“Master”),…
Over the last two centuries trusts have become an important feature in the areas of financial and estate planning. After the British annexation of the Cape Colony in 1806 a…
What should happen when someone unexpectedly comes into a large sum of money, but is found incompetent to manage the funds? If the person is functionally illiterate, and being leaned…
The case of Harper v ABSA Trust Limited N.O. and Others (15794/2022) [2023] ZAWCHC dealt with the duties of a curator bonis in terms of the Administration of Estates Act…
Though your father’s will seems grossly unfair to you, and even if it’s contrary to agreements you had with him, as long as the will is clear, there’s probably nothing…
Under section 47 of the Administration of Estates Act No. 66 of 1965 (“the Act”), an executor may sell the property of the deceased, unless it is contrary to the…
If you read nothing else today, read this. Then make sure to discuss it with family and friends. It concerns changes to the law made 28 years ago. These are…
The DNA of the modern South African trust is a reflection of the country’s checkered history. A hybrid of English common law, Roman-Dutch civil law, and a sprinkling of distinctively…
Introduction A Will is a legal document that sets out your wishes regarding the distribution of your property upon your death. Simply put, a Will is a list of instructions…
In the law of succession, every person enjoys what is known as ‘freedom of testation’. As the Constitutional Court recently explained in King NO and Others v De Jager and…