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Deceased Estate Administration, Trusts and Wills
In a community of property divorce, all assets and debts are split 50/50. Learn what this means for property, pensions, and debt from VDM Attorneys.
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Learn the legal process for selling a property from a deceased estate in South Africa. VDM Attorneys explain the executor’s role and key steps.
Learn if you can exclude assets in a community of property marriage. Discover how antenuptial contracts, wills, or trusts protect family assets in South Africa.
What happens if you die without a will in South Africa? Learn how intestate succession affects your spouse, children, and blended family.
For a will to be effective, it needs to be legally valid, clearly worded, and administratively workable. Many individuals mistakenly believe that because they’ve put their wishes in writing, those wishes will automatically be fulfilled. In reality, poorly structured or incomplete wills often create confusion, delay, and even legal disputes during the administration of the estate.
Estate administration can be held up by a wide range of issues — many of which are avoidable with proper foresight. While some delays are due to regulatory backlogs or institutional inefficiencies, many are caused by personal oversights that could have been addressed well in advance. Understanding these obstacles is key to preventing unnecessary hardship for the family members left behind.
Choosing trustees is one of the most consequential choices you will make when establishing a trust. Trustees are the people—or professionals—who will hold legal control over the assets in your trust and make decisions that directly affect your beneficiaries.
A living will is a document that sets out a person’s medical treatment preferences in situations where they can no longer communicate their wishes. It is particularly relevant in cases of severe illness, injury, or terminal conditions where life-sustaining interventions may be required.
Mental incapacity occurs when an individual is unable to make informed decisions or manage their affairs due to a diminished cognitive or psychological state. This may result from conditions such as dementia, brain injury, or severe mental illness.
Writing a will is about more than listing who gets what. It’s about ensuring your wishes are enforceable, fair, and considerate of your family's needs and future challenges. Before drafting a will with your attorney, spend time thinking through various important considerations.
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