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To renounce or not to renounce a benefit in terms of a will?

02 April 2024,  Puleng Valentine Tladi

In terms of your will, your surviving spouse and descendants, are entitled to inherit and one of your children decides... to renounce his or her share, the surviving spouse shall inherit that portion of that inheritance, which was declined by the descendant.

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54
Article

Who inherits under a Deceased Estate when there is no Will?

02 April 2024,  Sinethemba Mashego

It is society's norm to transfer generational wealth and to engage in the re-allotment of wealth. However, some people are ... uninformed about the rules that govern the re-allotment of wealth when they have not drafted a will. 

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133
Article

Understanding the Distinction between Living Wills and Last Wills and Testaments

02 April 2024,  André Styger

While both documents are essential components of comprehensive estate planning, they serve distinct purposes and address different aspects of an... individual's life and well-being. This article explores the definitions, functions, and legal implications of living wills and last wills, shedding light on the significance of each in ensuring the wishes and intentions of individuals are respected in both life and death.

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37
Article

When can a Will be challenged?

02 April 2024,  Melody Sithole

A Will can be described as a document that expresses the last wishes of an individual about how their property... must be distributed when they die. The document must be written, signed and formal.  The last wishes can be challenged in the following situations:

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39
Article

To renounce or not to renounce a benefit in terms of a will?

02 April 2024,  Puleng Valentine Tladi

In terms of your will, your surviving spouse and descendants, are entitled to inherit and one of your children decides... to renounce his or her share, the surviving spouse shall inherit that portion of that inheritance, which was declined by the descendant.

READ MORE
54
Article

Who inherits under a Deceased Estate when there is no Will?

02 April 2024,  Sinethemba Mashego

It is society's norm to transfer generational wealth and to engage in the re-allotment of wealth. However, some people are ... uninformed about the rules that govern the re-allotment of wealth when they have not drafted a will. 

READ MORE
133
Article

Understanding the Distinction between Living Wills and Last Wills and Testaments

02 April 2024,  André Styger

While both documents are essential components of comprehensive estate planning, they serve distinct purposes and address different aspects of an... individual's life and well-being. This article explores the definitions, functions, and legal implications of living wills and last wills, shedding light on the significance of each in ensuring the wishes and intentions of individuals are respected in both life and death.

READ MORE
37
Article

When can a Will be challenged?

02 April 2024,  Melody Sithole

A Will can be described as a document that expresses the last wishes of an individual about how their property... must be distributed when they die. The document must be written, signed and formal.  The last wishes can be challenged in the following situations:

READ MORE
39
Article
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Filter: Maintenance
Can you claim maintenance for your adult children?

15 September 2022

It has been a well held view in our law that a parent cannot claim maintenance for an adult dependent... child from their divorced spouse. But is this still the case or has a recent Supreme Court of Appeal finding changed the position?

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365
Article
Can the proceeds of a sale of property be used to settle arrear maintenance?

19 May 2022

Maintenance is an emotive issue for many South Africans. On the one hand there is the need of the primary... caregiver for the financial assistance maintenance provides, and on the other the financial issues of the spouse required to pay maintenance. So how far does the obligation to pay maintenance stretch and can a spouse even lay claim to the proceeds of a sale of property to settle arrear maintenance?

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394
Article
When do maintenance obligations prescribe?

20 May 2021

My ex-husband has for some time now not paid his maintenance as per the court order. Because I had a... job and was earning a basic income, I just left it as I didn’t want the hassle of trying to get him to pay. Now I’ve been retrenched and have asked him to pay his outstanding maintenance, but he refuses and says his attorney told him that his obligation to pay has prescribed. Surely this can’t be right?

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484
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?

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575
Article

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