CLAIMING CHILD MAINTENANCE FROM AN INHERITANCE
Ensuring their children are cared for when they pass away is one of the primary reasons people draw up a will. But what happens when the best interests of the children that are left behind are not at the forefront when an estate is administered and maintenance needs to be paid? This is, unfortunately, a […]
WHY IS IT IMPORTANT TO DEAL WITH COLLATION IN YOUR WILL?
The South Africa common law presumption of collation (collatio bonorum) is alive and well. This presumption is rooted in the belief that a testator intended that there should be equality in the distribution of his estate among his descendants (“children”). Collation is the process by which the inheritance of certain descendants (heirs)of the deceased is […]
PROPERLY EXECUTING A WILL IS EXTREMELY IMPORTANT
I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my neighbours to act and sign as witnesses. […]
HOW DOES INHERITANCE WORK?
When someone dies they normally have what is called a ‘will’. The people who benefit from this ‘will’ are known as the heirs. Upon someone death, the heirs receive an ‘inheritance’. The person who administers the will of the deceased is called an ‘executor’. What legislation affects inheritances? South Africa’s inheritance laws apply to every […]
YOUR WILL AND FOREIGN ASSETS
Each country has its own legislation regarding inheritance and signing of wills. It would therefore be possible that your South African will does not comply with all the requirements of the country where your foreign assets are located. This may result in the non-inheritance of your foreign assets in terms of your last will and […]