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“Spouse” includes a surviving partner to a monogamous Hindu marriage
A spouse of a “marriage” by Hindu rites enjoys recognition by South African law for inheritance purposes. The Govenders were married to each other on
Overview of Estate and Trust Planning
Part of our offering is to ensure that your Last Will and Testament is drawn up correctly and that all aspects of your affairs have
Inheritance ruling a victory for Muslim widows
On 15 July 2009 the Constitutional Court found that widows of polygamous Muslim marriages have the right to claim or inherit from estates of hubands
The Reform or Customary Law of Succession and Regulation of Related Matters Act
Act 11 of 2009, gives effect to the decisions of the Constitutional Court in Moseneke and Bhe (and other customary law of succession matters). Amongst
SCA rules suicide note valid as a new will
The SCA has ruled that a suicide note was intended to be an amendment of a man’s will Section 2(3) of the Wills Act 7
Issues to be considered in drafting a life partnership agreement
If you and your partner live together you should consider drafting a life partnership agreement to protect yourselves should your relationship come to an end.
Court finds e-mailed will without signature acceptable
In Hendrik Van der Merwe v Master of the High Court and others the Supreme Court of Appeals decided that an unsigned will was valid.
The downside to marriages with accrual
Couples whose marriages are subject to the accrual system need to give careful consideration to the impact the accrual will have before the terms of
Stepmother wins battle over will she wrote for late husband
Case about widow who wrote her late husband’s will in her own handwriting The SCA has ruled in favour of a widow who wrote her
Draft a second will if you invest offshore
I recommend that you have separate offshore wills for every country in which you own offshore assets. The offshore will/s specifically deals with the distribution