LIVING WILL

In South Africa there is currently no law regulating the validity or enforceability of a living will. But what is a living will? A living will, according to the South African Medical Association is “a declaration or an advance directive which will represent a...

INTESTATE SUCCESSION

Even though the vast majority of people these days have a valid will it unfortunately still happens that some people pass away without ever having executed a will. The estates of persons who fall in the latter group necessarily still require winding up and the rules...

LB VORSTER ON DECEASED ESTATES NOMINATION OF EXECUTOR

Readers should not consider these articles as comprehensive guides on wills or the administration of deceased estates, nor do they provide legal advice. The information provided is merely aimed at informing readers of some basic aspects pertaining to wills and the...

JOINT WILLS AND MASSING OF ESTATES

1. JOINT WILLS The most common form of will is the joint will. Although this is the form normally preferred by spouses married in community of property to each other, any two or more persons can execute a joint will. A joint will is therefore nothing more than a...

LAST WILL & TESTAMENT – A BRIEF OVERVIEW

1. WHAT IS A WILL? 1.1 A will is a written document signed by a person (“the testator”) during his/her lifetime directing how his/her assets should be disposed of after his/her death. 1.2 The formalities required for the execution of a valid will on or after 1 January...