Claiming maintenance from a life partnership estate

On 28 September 2020, the Cape Town High Court handed down judgment in favour of Ms Bwanya directing that section 1(1) of the Intestate Succession Act 81 of 1987 (“the ISA”) is unconstitutional and invalid insofar as it excludes Ms Bwanya, a surviving life partner in a permanent opposite-sex life partnership, from inheriting from her deceased fiancé’s estate. The Facts Ms Bwanya and Mr […]

The importance of witnesses when signing a will

I gave instructions to my attorney to prepare a Will for me as my most recent Will no longer reflected my wishes. My attorney emailed the Will to me with clear instructions as to how I should go about signing the Will. I asked my neighbours to act and sign as witnesses. My neighbours signed the Will on all the pages and […]

Failure to plan your estate is planning to fail

We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left an extraordinarily large estate from a distant relative that they hardly knew existed. We chalk it up to an absurdity. Something like that would never happen in real life, would it? […]

Should I draft a Will?

A mother who has always wanted her daughter to inherit her diamond engagement ring may never get her wish if she dies without leaving a valid written will. The mother’s estate would then be distributed in terms of the Intestate Succession Act No. 81 of 1987. Taking the time to draft a will can leave […]

Should I draft a Will?

A mother who has always wanted her daughter to inherit her diamond engagement ring may never get her wish if she dies without leaving a valid written will. The mother’s estate would then be distributed in terms of the Intestate Succession Act No. 81 of 1987.  Taking the time to draft a will can leave […]

U testament – ‘n belangrike dokument

Die lewe is baie onvoorspelbaar en ons adviseer graag kliënte om erns te maak om ‘n testament in plek te hê en boedelbeplanning te doen. Hieronder is redes waarom dit een van u belangrikste prioriteite behoort te wees. V: Hoekom behoort ek ‘n testament te hê? A: ‘n Testament stel u in staat om erfgename […]