South Africa: Wills/ Intestacy/ Estate Planning

Estate planning is often approached as a process of deciding who should inherit which assets. While that is an important starting point, it does not fully address the tax consequences of how those assets devolve.

South African law permits parents to register immovable property in their minor child's name, but this decision carries significant legal implications that extend far beyond the initial purchase. While the transaction offers certain estate planning and asset protection benefits, it fundamentally transfers ownership to the child and severely restricts parental control over future dealings with the property. Any subsequent sale requires court oversight, Master approval, and proceeds are typically held in trus

The death of an entrepreneur can turn an already difficult recovery matter into something far more complicated. On paper, a lender or development fund may still have clear rights.

In the case of Pret Lourenco and Another v Lourenco and Others at the Johannesburg High Court, Rudy Lourenco and Tanya Chammas initiated a rescission application against Tracey Lourenco (first respondent)...

The crucial role of a will is often underestimated, commonly perceived as relevant solely for those with considerable assets. The story we'll unfold, however, emphatically proves the contrary...

One of the most common themes that we see emerging from our discussions with owners of small and medium sized businesses is one relating to the question of succession planning. In many cases...

When setting up an inter vivos trust, you need to determine whether it will be a discretionary trust or a vesting trust.

Eviction applications frequently pit the two sides of our society against one another. The applicant is invariably the property owner who has the resources necessary to access the civil justice system.

When someone dies the deceased estate is reported to the Master of the High Court ("the Master") and the administration conducted by the executor or masters' representative as the case may be.