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The conduit principle is a cornerstone of trust law and estate planning in South Africa, playing a significant role in the taxation of income and capital gains within trusts. However, recent court rulings have sparked debates about its application, leaving trustees...

Trusts are widely used in South Africa as a vehicle for estate planning, asset protection, and wealth transfer. While they offer several benefits, trusts also come with specific tax obligations and advantages that trustees and beneficiaries need to understand. In this...

Divorce is a challenging time for all parties involved, particularly when it comes to dividing assets. In South Africa, trusts are often used as an estate planning tool to protect assets, but they can also complicate matters during a divorce. Understanding how trusts...

Estate planning is a critical part of securing your legacy, and understanding how your marital regime affects your Will is an essential step in the process. In South Africa, marital regimes dictate how assets are managed during the marriage and what happens to them...

When it comes to estate planning, life’s changing circumstances might require you to adjust your will. This is where a codicil comes into play. A codicil is a legal document used to amend or supplement an existing will without rewriting the entire document. It ensures...

When drafting a will, ensuring the welfare and security of minor children is a top priority for many parents. One critical provision that addresses this is the guardian clause. This clause outlines who will take on the legal responsibility of caring for minor children...

When drafting a Will in South Africa, testators may choose to limit how certain beneficiaries can use or control specific property. These limitations are often used to achieve particular purposes, such as protecting assets, ensuring family continuity, or granting only...

Deregistering a trust in South Africa is a significant legal step involving a series of administrative actions and compliance with legal requirements. Trusts are generally created to protect and manage assets for beneficiaries, but there may come a time when a trust...

Disputes regarding Wills are often a source of tension and distress within families, especially when beneficiaries or other parties feel the terms of the Will are unfair, unclear, or invalid. South African law provides clear guidelines for contesting a Will, but it is...

Renunciation of inheritance sometimes referred to as "disclaiming" an inheritance, is a legal process in which a beneficiary refuses or declines to accept assets left to them in a Will or through intestate succession (when there is no Will). While inheriting assets...

A Will is a critical legal document that ensures your wishes are honoured and your assets are distributed according to your intentions after your death. While individual Wills are more common, some couples may consider drafting a Joint Will. Understanding the nuances...

Contesting a Will in South Africa can be a complex and emotionally charged process. However, there are legal grounds upon which a Will can be contested if you believe that it does not reflect the true intentions of the deceased or if there are questions about its...

Dying with no Will in South Africa, legally termed as dying intestate, can have significant consequences for your estate and your loved ones. The Intestate Succession Act governs the distribution of your assets if you pass away without a Will. This blog explores the...

In South Africa, understanding the purpose of a Will is crucial for ensuring that your assets are distributed according to your wishes after your death. A Will, also known as a Last Will and Testament, serves as a legal document that outlines directives for the...

Divorce is a challenging and emotionally charged process, made even more complex when retirement assets are involved. As one of life's significant financial decisions, the division of retirement assets during a divorce can have a profound impact on both parties'...

Death is an inevitable part of life, and while many of us avoid thinking about it, understanding what happens to our possessions and assets after we pass away is essential. In South Africa, dying intestate, or without a valid Will, can lead to complications and...

The Master’s Office in South Africa is a government office that deals with a variety of legal matters, including the administration of deceased estates, the protection of the interests of minors and mentally challenged persons, and the supervision of trusts. There are...

Trusts can be powerful tools in financial planning allowing you to protect your assets and distribute your wealth according to your wishes. Despite their many benefits, few people know what is required to register a trust in South Africa. That is why we decided to...

Trusts have long been a cornerstone of estate planning and financial management in South Africa, offering a versatile tool for asset protection, wealth preservation, and succession planning. However, establishing and maintaining a trust effectively requires the...

Special trusts hold a unique position, serving a specific and crucial purpose in the lives of individuals with disabilities and minors. While conventional trusts are taxed at a flat rate, special trusts enjoy a more favourable tax treatment, mirroring the sliding...

In financial planning and wealth management, trusts are seen as invaluable tools. They allow individuals to safeguard assets, plan for the future, and ensure the well-being of their loved ones. However, while trusts offer a plethora of advantages, they also come with...

Your will is more than just a legal document; it is a roadmap for your legacy. A will is a fundamental legal document that allows you to protect your assets, provide for your loved ones, and express your wishes regarding your estate. In South Africa, the requirements...

In a significant legal development, the Constitutional Court of South Africa has recently declared Section 7(3) of the Divorce Act 70 of 1979 to be unconstitutional. The court's ruling determined that this particular section was in conflict with the Constitution and...

Death is a topic many of us prefer to avoid, but it's an inevitable part of life. While we can't control when or how we will pass away, we can certainly plan for it. One crucial aspect of end-of-life planning is having a valid will in place.  What is a valid...

Trusts play a significant role in estate planning, asset protection, and wealth management. In recent years, there has been a growing concern about financial transparency and preventing the misuse of trusts for illicit purposes. In response to this, various...

The passing of a loved one is undoubtedly a difficult time for anyone, and amid the grieving process, there are essential practical matters that must be addressed. One such critical aspect is the administration of the deceased estate. Understanding the duties and...

Death is an uncomfortable thing to think about. However, it is important that you are prepared for the inevitable. One of the most important preparations you will need to make is your will. A will is a legal document that specifies who the heirs of your estate will be...

South Africa has seen a significant increase in the number and payouts of claims against the Road Accident Fund (RAF) as well as in medical negligence cases. A major concern is the protection of the awards made to people who were severely injured or who have reduced...

One must understand the different marital regimes in South Africa and the impact of one’s choice. It was the American humourist Erma Bombeck who said: “Marriage has no guarantees. If that’s what you’re looking for, go and live with a car battery.” A bit of dark...