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I have children, do I need a Will?
One of the main motivating factors for people to get a professional Last Will and Testament put into place, is because they want to ensure their children are provided for if they pass away. This is true for new parents or people with young children who are getting...
The ‘Clean Break’ Principle
The clean break principle was first introduced by the Pension Fund Amendment Act 11 of 2007 and allows pension funds to deduct an amount or percentage from a member spouse's pension benefit and transfer to the non-member spouse. The underlying philosophy of this...
Frequently asked questions about mediation
What is mediation? Mediation is a process where a neutral third party (usually an attorney, psychologist, or social worker) assists individuals/families in conflict by facilitating and exploring options to settle a particular dispute. Mediation is an outcomes-based...
Tax and deceased estates
'Nothing is certain except death and taxes' - Benjamin Franklin, 1789. Not much has changed in the more than two centuries since that statement was made. Together with the Master of the High Court, the South African Revenue Service (SARS) plays an integral role in the...
Spousal maintenance in divorce proceedings
The common law recognises a reciprocal legal duty of support between spouses during the subsistence of their marriage. Upon dissolution of the marriage, the reciprocal duty of support comes to an end. Unlike maintenance for a minor child, spousal maintenance is not an...
The When, What and How of a Rule 43 Application
Divorce may be a challenging and emotionally charged process and certain divorces may take years to finalise. Pending finalisation of a divorce, a spouse may require financial support and/or a schedule regulating contact arrangements in respect of the children and/or...
Why are deceased estates advertised?
While it is not widespread practice anymore for every house on the block to get the newspaper delivered to their doorstep every morning, traditional print media still plays an important role in the deceased estate process. Each deceased estate will get advertised at...
DIVORCED OR GETTING DIVORCED? UNDERSTANDING MAINTENANCE FOR CHILDREN OLDER THAN 18 YEARS OLD
Parents have a legal duty to financially support the children born of their marriage. This duty does not terminate by way of divorce and the relevant Court will ensure that provision is made for maintenance of the parties’ minor children before granting an order of...
What is a Liquidation and Distribution Account?
The content and format of the Liquidation and Distribution Account is laid out in detail in section 35 of the Administration of Estates Act 66 of 1965, and even further specified in the Act’s Regulations. There have also been several Directives issued by the Master of...