Having a valid Will in place is an essential part of an effective estate plan. However, it is also essential to ensure that your Will is regularly updated to reflect major life changes. One of the most commonly occurring life changes is divorce. Legally, divorce or the annulment of a marriage has the potential to […]
The administration of an estate is not dependent on one aspect or institution but multiple aspects and institutions working well together. It is important to understand that the core function of the Master of the High Court is to oversee the administration of deceased estates. One of the key roles of the Masters office is […]
Have your Will drafted (or updated) by a professional The first, most essential step in your estate planning journey is to ensure that you have a valid Will in place. In South Africa, a valid Will determines who your beneficiaries will be and how your estate will be distributed when you pass away. Having a […]
In South Africa, a valid Will determines who your beneficiaries will be and how your estate will be distributed when you pass away. Having a correctly drafted Will in place ensures that your estate can be distributed according to your wishes and that your loved ones will be provided for when you are gone. However, […]
The South African law relating to a deceased person’s estate, and who their beneficiaries will be, is set out by legislation. If a person dies testate, or having left a will, their beneficiaries will be named in the will and the guiding statute will be the Wills Act 7 of 1953. If a person dies […]
A family trust is an estate-planning instrument that creates a legal relationship between various people. When a trust is established, a person (the founder) or people (the founders) donate money or assets to another person (a trustee) or people (trustees) to hold for the ultimate benefit of a different person (a beneficiary) or people (beneficiaries). […]
The Administration of Estates Act 66 of 1965 sets out the procedures that must be used in administering a deceased estate such as applying for the letters of executorship, acting as an executor, advertising an estate, compiling a liquidation and distribution account, dealing with claims against an estate and distributing the estate to beneficiaries. Section […]
When a person dies in South Africa without leaving a valid will, the Intestate Succession Act 81 of 1987 will come into operation. The Act determines who will inherit the estate of a person who died without leaving a will or who died leaving a partially or fully invalid will. When someone dies without leaving […]
Appointing the executor of your estate is an extremely important decision because he or she will ‘step into your shoes’ when you pass away and be responsible for the administration of your estate and ensuring that your final wishes are honoured, and your loved ones are taken care of. The administration of a deceased estate […]
The principle of freedom of testation states that every person may legally decide what happens to their own estate after death. Practically, this means that everyone may create a will at any time throughout their life to make their wishes and instructions known when they die. A person who makes a will is known as […]
Established In 2020, ‘Marsh Fidelity’’ exists to create an enduring difference. We are passionate about helping families navigate through difficult times in their lives, when they are vulnerable and in need. We want to be your guiding light and give you peace of mind.