3 Practical Steps to Ensure Effective Estate Planning in 2024 and Beyond

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 […]

FISA South Africa: Why It Is Important To Have A Registered Professional Assigned to Your Will

FISA Registered Professionals

Assigning FISA (Fiduciary Institute of Southern Africa) registered professionals to handle your Will adds a layer of expertise and professionalism to the estate planning process. Here are several reasons why it’s important to involve FISA-registered professionals: FISA Legal Expertise FISA-registered professionals, such as fiduciary practitioners, estate planners, and trustees, have undergone specialised training and education. […]

Protecting Your Unborn Beneficiaries: The Nasciturus Fiction

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 […]

What Are the Legal Requirements for a Valid Will in South Africa?

An essential part of an effective estate plan includes having a will drafted by an experienced professional to ensure that it meets all the legal requirements and is valid. The Wills Act 7 of 1953 sets out the specific requirements that a will must meet to be valid in South African law. The requirements for […]

Destroying or Forging a Will: Criminal Offences in the Administration of Estates Act

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 […]

Dying Without A Will: Intestate Succession in South Africa

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 […]

What is Freedom of Testation and why is it important?

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 […]

Be cautious of executors and institutions who write wills for free

Caution

There are executors and institutions out there offering to write people’s will for free. While having your will recorded is of course highly important, I encourage you not to nominate and appoint an executor on your will simply because they offer you this one service for free. Your executor is going to play an important […]

What Is A Digital Will and Why Should You Have One?

Marsh fidelity what is a digital will

A digital Will tells your executor what to do with your online assets when you die. It’s a document that focuses on what you would like to have said and done with your online memberships and accounts. Do I really need a Digital Will? A digital Will isn’t as crucial as a Last Will And […]