Tag: Intestate Succession Act

In a world where love knows no borders, the law still does. For same-sex couples in South Africa, the journey toward equality has included landmark legal victories. These range from the legalisation of same-sex marriage to the recognition of life partnerships in inheritance law. However, one critical factor still shapes how estates are distributed. That factor is domicile.

The value of a well-drafted, updated will is in the spotlight again due to uncertainty surrounding Gene Hackman’s fortune. His estimated $80 million estate has raised questions about inheritance since his will does not name his three children.

Losing a loved one is one of life’s most challenging experiences. On top of the emotional turmoil, discovering that the original will cannot be located can add stress and confusion. However, steps exist to ensure your loved one’s wishes are honoured, even with only a copy of the original will.

The passing of a loved one is always a traumatic experience. Not being prepared for the financial realities can add more anxiety to an already painful and stressful time in your family’s life. According to Statistics South Africa, more than 70% of South Africans don’t have a last will and testament. I suggest that you get your estate plans in order as soon as possible. You never quite know when your time is up.

Between 70 and 80 percent of South Africans do not have a will to protect their loved ones in the event of their untimely death. Unfortunately, this will not only burden the surviving family members with unnecessary emotional and financial stress but will also delay them gaining access to their rightful inheritance.

Estate planning involves structuring and managing your assets while you are alive, and putting measures in place to ensure your wishes are carried out after you pass away. It also ensures that there are no unexpected surprises your family will have to deal with.

According to the University of South Africa (UNISA), South African households’ real net worth increased by over R1 trillion from the second to the last quarter of 2020, despite the economic contraction due to the pandemic. Consequently, more people are inclined to make offshore property investments in popular destinations such as Portugal and Mauritius.

The most recent estimates by the Master of the High Court are that as many as 70% of South Africans do not have a legally executable will. What this means is that for many South Africans, the death of a family member or loved one is surrounded by confusion, disarray and conflict.

30 June 2021 marks the deadline for public comment on the Green Paper on Marriages. The paper aims to work towards the development of a new Single Marriage Bill that addresses marginalised communities and ensures all citizens are protected.

The loss of a family member or a loved one is a challenging and an emotional life experience. The days and months following the death of a loved one can often go by in a blur. Help and guidance are essential for families to get their affairs swiftly in order. Putting financial issues off to later will not only leave families with unnecessary financial constraints but it can also lengthen the process of winding up an estate.