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estate planning
30
Sep

What Happens to Child or Spousal Maintenance Obligations When the Paying Parent Dies in South Africa?

September 30, 2026, ,
A maintenance order feels permanent while it is being paid every month. It has a court’s authority behind it, a case number, and a payer who has (hopefully) been reliably meeting it for years. So when that paying parent dies, the recipient is often left with an urgent and confusing question: does the maintenance simply...
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25
Sep

Buying Property Through a Trust in South Africa: Conveyancing and Estate Considerations

September 25, 2026,
Property bought in a trust’s name looks, on paper, almost identical to property bought in a person’s own name. The deed of sale is signed, a conveyancer is appointed, and the transfer proceeds through the same Deeds Office system. Underneath that familiar process, however, buying through a trust changes who is legally responsible for the...
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18
Sep

The Guardian’s Fund: What Happens When a Minor Inherits in South Africa

September 18, 2026, ,
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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16
Sep

Notary Public vs Commissioner of Oaths: Avoid Costly Mistakes

September 16, 2026,
Most South Africans have, at some point, needed a document “stamped by a commissioner of oaths” or signed “in front of a notary.” The two terms get used almost interchangeably in everyday conversation, and that confusion causes real problems. A document that requires notarial execution cannot be validly signed in front of a commissioner of...
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01
Sep

What Is a Conveyancer in South Africa? The Critical Guide You Need

September 1, 2026, , ,
If you have ever bought or sold a property in South Africa, you will have encountered the word conveyancer. It appears in sale agreements, in transfer cost breakdowns, and in the stream of emails that accompany any property transaction. Most buyers and sellers nod along, aware that a conveyancer is involved, less certain about what...
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13
Aug

Why Your Primary Residence Should Usually Stay Out of Your Trust

August 13, 2026,
One of the most common conversations in South African estate planning goes something like this. A client decides to set up an inter vivos trust, lists all the assets they want to transfer into it, and includes the family home almost as an afterthought. It is their most valuable asset. Surely it belongs in the...
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06
Aug

What Is a Trust Deed and What Should It Contain?

August 6, 2026,
When most South Africans think about setting up a trust, the conversation quickly turns to tax savings, asset protection, and estate duty planning. What receives far less attention, and deserves far more, is the document that makes the trust legally possible in the first place: the trust deed. A trust deed is not a formality....
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09
Jul

What Truly Happens When a Deceased Estate Has More Liabilities Than Assets in South Africa?

July 9, 2026,
Discovering that a loved one’s deceased estate has more debt than assets is a deeply unsettling experience. It raises an immediate and frightening question: does the family have to pay? And if not, what actually happens to the estate, and to the creditors who are owed money? South African law is clear on this point,...
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30
Jun

What Happens If You Die Without a Will in South Africa?

June 30, 2026,
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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21
May

How Long Does It Take to Wind Up an Estate in South Africa?

May 21, 2026,
If you have recently lost a loved one and are waiting for their estate to be finalised, you are probably asking one question repeatedly: how long is this going to take? The honest answer is that winding up a deceased estate in South Africa takes between 12 and 24 months in most cases — and...
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