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Filter: Estate Planning
Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that... they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

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167
Article
Your business and estate planning

31 October 2017,  Adél Schoeman

Talking about death is never easy. But as Benjamin Franklin once stated: “In this world nothing can be said to... be certain, except death and taxes’’.

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317
Article
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

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189
Article
Sorry mam, we cannot recognize your customary marriage... What now?

17 August 2016

After losing her husband in a tragic motor vehicle accident, Ms Simelane had to face the emotionally draining task of... winding up her husband’s estate. She reported her husband’s estate to the office of the Master of the High Court were she was advised that the customary marriage between herself and her husband could not be recognised due to the fact that the deceased was a party to a civil marriage in terms of the records of Home Affairs and thus, a letter of executorship could not be issued to her. It later transpired that her late husband had concealed to his now civil spouse, that he was already a party to a customary marriage with Ms Simelane. Could this whole situation have been avoided?

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352
Article
Is an unsigned electronic will valid?

09 November 2015

My father recently passed away. His will was drafted by a financial planner who e-mailed the final draft to him,... but which he never signed. We found the email with the will attached but no further correspondence or documentation between the financial planner and my father regarding the content of the will or his wishes. Is this will valid?

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347
Article
Can I inherit if not formally adopted?

13 October 2015

I have been raised as the only child by parents who are not my biological parents. Although I regard them... as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die I will lose the possessions that they do have. Will I be able to inherit from them when they pass away?

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424
Article

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