Factions often arise within groups, communities, or organisations, particularly when financial or other benefits are at stake. However, laws and regulations exist to manage such situations, ensuring that they are…
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A regular occurrence in the world of the drafting of Wills is when the maker of a Will (the testator/testatrix) expresses a wish to bequeath property to one or more…
We have all heard the story of someone slithering his or her way into a person’s life to get a shot at an inheritance. Something akin to a Hollywood film…
This article discusses the significance of a recent Judgment handed down by the Eastern Cape Division of the High Court, which dismissed an application to hold an unsigned and undated…
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…
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