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.
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?
“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…
“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.…
“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…
“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?…
“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…
“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.…
“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…
“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…
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