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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...
Reporting a Deceased Estate: Where to begin?
The time following a loved one’s passing is understandably overwhelming. Families are often unsure of what to do next to get the deceased’s estate administration process started. There are several factors to take into consideration that will determine the process...
Reflections on groundbreaking Court Judgments in Family Law
Reflections on groundbreaking Court Judgments in Family Law As the year draws to a close, 2023 shall be considered a year which saw the winds of change blow strongly across the fields of Family Law. The Constitutional Court, the highest Court of the Land, granted a...
Recent legislation affecting Trustees
Recent legislation affecting Trustees Trusts are versatile and popular tools often incorporated into estate planning. The concept of the legal trust has a long history in South African law. However, for most of this time Trusts, and more specifically the actions of...
Characteristics of a good Will
The scene is set. A group of people are gathered in a large office. The lawyer clears his throat to commence with reading the Will. In the distance, the director yells ‘Cut!’. These scenarios fittingly only occur in Hollywood. In reality, there is no dramatic...
Estates and Expenses: What to expect?
The reality is that when a person passes away and his/her deceased estate is wound up, certain expenses associated with the process will arise above and beyond preexisting debt. Generally, these liabilities are paid by the cash held in the deceased estate