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Wills
A will reflects the testator’s wishes at the moment it was signed, but it cannot always anticipate what will actually work best for the people left behind. A testator might leave the family home and a share portfolio to two different children in roughly equal value, only for one child to have no interest in...
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Many South African families assume that once a loved one has passed away, their tax affairs simply come to an end along with everything else. In reality, the South African Revenue Service remains one of the most important parties an executor has to deal with, and an estate cannot be finalised or distributed to beneficiaries...
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Most South Africans believe their will controls what happens to everything they own when they die. For life insurance policies and retirement fund savings, this is often not true at all. These assets are frequently governed by a separate, far less visible document: the beneficiary nomination form completed when the policy or fund membership began,...
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Most people assume that if they die without a will, their closest relatives will simply inherit everything. In the vast majority of cases, that’s true. South African law has a clear order of succession for anyone who dies intestate (without a valid will), and it covers spouses, children, parents, siblings and increasingly distant relatives before...
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South African families look different today than they did a generation ago. Second marriages, stepchildren, half-siblings and children from more than one relationship are now the norm rather than the exception. Yet most wills in South Africa are still drafted as if every family consists of one marriage and one set of children. That mismatch...
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When a parent or grandparent dies and leaves something to a child under 18, most families assume the money simply sits safely until the child comes of age. What actually happens is more specific, and more restrictive, than most people expect. Unless a will directs otherwise, a minor’s inheritance in South Africa is paid into...
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Most South Africans know that a will is important. Far fewer understand how a will actually works, and the gap between what people assume and what the law says can be costly, contentious, and deeply unfair to the people left behind. The misconceptions around wills are not fringe beliefs held by the uninformed. They are...
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If you die without a valid will in South Africa, your estate is distributed according to the Intestate Succession Act — not your personal wishes. This article explains how intestate succession works, who inherits when there’s no will, and why working with Executor Law ensures your estate is managed correctly and your loved ones are...
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Can You Contest a Will in South Africa? A will is the clearest expression of a person’s final wishes. But what happens when family members believe the will does not reflect what the deceased truly intended — or that the document itself is flawed or fraudulent? The short answer is yes: a will can be...
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When it comes to planning your estate in South Africa, you have two primary legal instruments at your disposal: a will and a trust. Both allow you to direct what happens to your assets when you die (or during your lifetime). Both have legitimate and important roles in estate planning. But they are not interchangeable,...
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