Removal of executor: Understanding the process and requirements
Introduction
When someone passes away, the administration of their estate is carried out by an executor appointed to handle their affairs. However, there are circumstances where...
Wills, Estates & Trusts
Latest Wills, Estates & Trusts News:
This topic contains news and insights which examine legislation and case law concerning intestate and testate succession, wills, estate planning, inter vivos and mortis causa trusts, and the taxation of trusts.
Principles of interpretation of wills – What are the testator’s intentions
There is a maxim that ‘Where there’s a will there’s a relative’’. What happens when a relative who has been left out of the will,...
Freedom of testation
In your will, you have the freedom to distribute your assets to whomever you choose. This means that you can determine who will receive your...
Missing Titanic submarine brings up questions of presumption of death and non-indemnity insurance policies
For the past few days, the international news has been dominated by the missing Titanic submarine. Social media platforms have also been abuzz with the missing submarine. One of the interesting questions that seemed to be prominent was the question of whether insurance…
Provided By Adams & Adams
Deregistering a trust: Process and requirements for termination
What are the legal requirements to deregister a trust?
Termination of a trust can occur through various means, such as legal operation, achievement of trust objectives,...
Does an illegitimate child have a claim against his late father’s estate?
A client asked: “I am an illegitimate child and my father passed away. Can I claim from his estate?”
In South Africa, the rights of illegitimate...
Recent important FICA amendments you should be aware of
The past few months have seen a wide variety of important amendments occurring within the Anti-Money Laundering and Combating Terrorism Financing (AML/CFT) space.
These changes began with the amendment of the Financial Intelligence Centre Act (FICA) Cash Threshold…
Provided By DocFox
What is a testamentary trust?
A testamentary trust is a type of trust that is created under the terms of a person’s will and comes into effect after the person’s...
How to FICA a Deceased Estate
One of the questions we frequently get asked is “How to FICA a Deceased Estate”. Below we will explore what a Deceased/Late Estate is and...
by DocFox
Till trust do us part: Navigating the complexities of trusts in divorce proceedings
In South Africa, the division of assets in a divorce can be a contentious issue, particularly regarding trust assets. Trusts are often used to preserve...
