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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...

Louis Van Vuren, CEO of the Fiduciary Institute of Southern Africa, points out that the legislation cannot be rationally connected to the purpose for which it was promulgated. AMANDA VISSER: Last year South Africa really pulled out all the stops in an effort to avoid...

The Fiduciary Institute of Southern Africa (FISA) is lobbying the Parliamentary Standing Committee on Finance (SCOF) regarding various issues, including inappropriate use of the term “beneficial owner,” in proposed amendments to the Trust Property Control Act. A...

How beneficiaries are defined in the trust deed should be conducive to the purpose of the trust. The choice should be in line with your familial circumstances and your estate plan. It is important to know that only a beneficiary can benefit from a trust, no one else....

When it comes to claiming a foreign inheritance bequeathed to you abroad from a South African Estate, irrespective of whether you are living in South Africa or not, there are some important facts you should be aware of.  During the 2022 Budget Review, the...

A Trust is a contractual agreement whereby a Founder and Trustees hold property as its nominal owner to the benefit of one or more beneficiaries. When considering setting up a Trust, be mindful of maintaining a valid legal...

This is a summary of the article as it appeared on FISA, of which we are supporters. If you have a life partner that you did not get married to and they die without a will or failed to provide maintenance, you have more rights after the constitutional court decision...

In estate planning, you must understand certain legal terms, the difference between those terms and what they actually mean. You may know by now that you need professional help to plan your estate. Today, we look at another difficult term within estate planning,...

What is cryptocurrency A cryptocurrency is a virtual or digital currency that is secured by cryptography. This makes it nearly impossible to double-spend or counterfeit. Another way to see it is that cryptocurrency is digital assets based on decentralized systems that...

Fisa chair Ian Brink explains how vague or unclear testamentary instructions when drafting a will, as well as inadequately identified heirs, can delay the finalisation of this important document. Visit Site

It is only human to want to savour life; thinking about what to do with the time you have, and planning holidays and get-togethers with the people you love. However, having a Will and planning your estate properly will have an equally large impact on the lives of your...

National Wills Week will take place from 26-30 October 2020 Why must you have a will? By making a Will you ensure that your assets are disposed of in accordance with your wishes after your death. This is called “freedom of testation”. Dying without leaving a valid...

Benjamin Franklin once said there are only two things certain in life: death and taxes. Coming to terms with death and the afterlife should be left to metaphysics and theology. Coming to terms with the Tax you have to pay when you die is an entirely more...

Setting up Trusts for Life Insurance gives you greater freedom and control over your Life Insurance payouts. Whether to protect your Life Insurance policy from creditors and tax, or to control the way your beneficiaries spend their inheritance, an Irrevocable...

Trust and Fiduciary Services have a variety of different applications. Creating plans and implementing them to safeguard your assets, secure finances for your loved ones and avoid unnecessary expenses all form part of Trust and Fiduciary Services. What are trust and...

Many South African’s remain ignorant of the possible ramifications of not drafting a final Will and Testament. Not drafting a Will, in the proper legal manner, can result in: The government allocating your Estate to the parties it stipulates to be most fitting, irrespective of your intentions Familial disputes over who gets what According to…