Category: Wills and Estate Planning

Was it Even His Signature? How to Overturn a Fraudulent Will
, Wills and Estate Planning

Was it Even His Signature? How to Overturn a Fraudulent Will

It’s unfortunately all too common a tale. Out of the blue, an older person, rendered vulnerable by age or illness, acquires a new “friend”. Before anyone in the family realises what’s going on, their loved one has died, and the fraudster claims to be sole heir in terms of a last-minute will. No surprise then that our courts must often determine whether a deceased person’s last will was tainted by incapacity, undue influence, fraud, or even forgery. The sad tale of a 90-year-old man who left behind two conflicting wills is a good example of how our courts approach these situations.

National Wills Week: Do You Really Need 6 Types of Will?
, Wills and Estate Planning

National Wills Week: Do You Really Need 6 Types of Will?

At the heart of your estate planning is your will (“Last Will and Testament”). Without it, you lose your right to choose your heirs, to choose the executor of your estate, and to choose who will look after your children and your family trusts when you die. But there’s lots of online chatter about other types of “will” such as offshore wills, digital wills, business wills, ethical wills and living wills. What are they and do you really need to put them all in place?

, Wills and Estate Planning

Electronic Wills Aren’t Valid: Stick to Pen and Paper

“Let’s choose executors and talk of wills.” (William Shakespeare in Richard II) You may have read one of the many online articles about an electronic will being validated recently by the High…

Excuses, Excuses: Why People Don’t Make Wills, And Why You Must
, Wills and Estate Planning

Excuses, Excuses: Why People Don’t Make Wills, And Why You Must

“All that lives must die, passing through nature to eternity.” (William Shakespeare, in Hamlet) Master’s Office records suggest that less than a third of us leave behind a will when we die.…

How to Avoid Fighting Over the House – A Guide for Life Partners

How to Avoid Fighting Over the House – A Guide for Life Partners

“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof…

Do You Need a Second Will for Your Overseas Assets?
, Wills and Estate Planning

Do You Need a Second Will for Your Overseas Assets?

“Only put off until tomorrow what you are willing to die having left undone.” (Pablo Picasso) If you own assets outside South Africa, you may have wondered: Is my local will enough?…

Estate Planning: Why it Matters, and How To Get Started
, Wills and Estate Planning

Estate Planning: Why it Matters, and How To Get Started

“When the hurly-burly’s done, when the battle’s lost and won.” (One of the witches in Shakespeare’s Macbeth) Another year draws to a close! If you’re taking a break, now’s a great time…

How Can You Protect Your Heirs’ Inheritances from Their Creditors?
, Wills and Estate Planning

How Can You Protect Your Heirs’ Inheritances from Their Creditors?

“The only person who sticks closer to you in adversity than a friend is a creditor.” (Unknown) You’ve done everything you can to leave your loved ones financially secure after you die.…

Sibling Showdown: How One Missing Word in a Will Divided a Family
, Wills and Estate Planning

Sibling Showdown: How One Missing Word in a Will Divided a Family

“From small mistakes come great catastrophes.” (Justin Cronin) We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings over a…

Can a Video Call be a Valid Will?
, Wills and Estate Planning

Can a Video Call be a Valid Will?

“Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) It may well be that in the future, we will be able to make a perfectly valid will…