“Death knocks at all doors alike” (John Dunton 1692) Sooner or later we must leave our families to face life without us, and of course these are particularly dangerous times for us all. Make sure that your own affairs are in order now – A valid will is the only sure way to protect your loved ones after you are gone. If you have an old will, check whether it needs updating or changing.Leave a file with all the important information and documents that your estate’s
“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe for uncertainty and dispute. It’s not just a question of trust – even if no one is deliberately dishonest about what was agreed, innocent misunderstandings are common. We have a natural tendency to hear
“Death always comes without knocking” (Margaret Atwood) Particularly in these times of pandemic, deadly infections and uncertainty, no one can ever say with any confidence that we will still be alive tomorrow, or next month, or next year. Now more than ever having a valid and updated will in place is no luxury to be attended to “when I have the time” or “when I am older”. The risk is that without a proper will (your “Final Will and Testament”) you die “intestate”,
“Where there’s a will, I want to be in it” (Anon) Your will (“Last Will and Testament”) is quite possibly the most important document you will ever sign. Without a properly-executed will you put your loved ones at risk of financial and emotional hardship, you forfeit your right to nominate who administers your deceased estate, and most importantly you forfeit your right to choose who inherits what from you. But just how wide is your right to choose? Can you leave anything to
What happens if you want to access a South African bequest overseas? BizNews gives you a step-by-step breakdown of how to go about it, depending on whether you are – Non-resident, Financially emigrated, or A South African resident temporarily abroad. Read also the section on taxation. Bear in mind that of necessity an article like this can only give you an overview of some general principles, and that getting anything wrong could cost you dearly. Professional advice on your specific circumstances is a no-brainer here! Disclaimer: The information
“It is not intended for the Court to make a will for the deceased based on what his intentions may have been” (Quoted in the judgment below) As a general rule our law holds us to our agreements and statements, whether we express them verbally, electronically or in written form. But there are exceptions – some things just have to be in writing and signed before the law will recognise them. One of those exceptions is quite possibly the most important document you