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De Rebus → Practice area → Estate planning Wills Trusts

Estate planning Wills Trusts

The dangers of using AI to draft wills, trust deeds, and estate plans without the backup of fiduciary expertise or the required legal knowledge to check the content

The rapid advancement of artificial intelligence (AI) has significantly impacted various industries, including the legal and financial sectors. AI-powered tools now assist in drafting legal documents, analysing case law, and […]

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How to protect an inheritance in the case of insolvency – trust your wills drafter to know the pitfalls

A testator may wish to provide in his last will and testament for the situation where a beneficiary is insolvent at the time of inheritance to prevent the inheritance from […]

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The importance of clarity and precision in trust deeds and wills: Avoiding future disputes through effective drafting

Schoonhoven NO and Others v Schoonhoven and Others [2024] JOL 63272 (KZP) The High Court in KwaZulu-Natal Division of the High Court, Pietermaritzburg recently dealt with a complex legal matter […]

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Navigating trusts in South Africa – exploring the new compliance obligations

A trust is a legal arrangement in which assets or property are held by one party (the trustee) for the benefit of another party or parties (the beneficiaries). Recent legislative […]

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Cinderella and the ‘will’ for change: Some suggestions

We all know the fairy tale of Cinderella, who had to submit to the ill-treatment of her stepmother who had usurped her deceased father’s estate. What we do not know […]

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Can you trust the trustees? Exploring the regulations required to prevent breaches in fiduciary duties

According to s 1 of the Trust Property Control Act 57 of 1988, a ‘trust’ means ‘the arrangement through which the ownership in property of one person is by virtue […]

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How to use public policy to remedy trust law disputes

By Marietjie du Toit ‘A fundamental characteristic of South African constitutionalism is the principle of respect for the law’ as confirmed by P De Vos, W Freedman, D Brand, C […]

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Building common-law principles of trust law: One cannot transfer more rights than one has

  By Marietjie Du Toit This article discusses the substantive gender inequality and unfair discrimination in trust law disputes. The cornerstone of trust law is the common law. In the […]

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Does a Master have to approve of an agreement when all heirs have given their consent to a sale?

By Kobus Els In this article, I discuss the provisions of s 47 of the Administration of Estates Act 66 of 1965, which includes a short history of the section, […]

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Administration and winding-up of a deceased estate

The administration of deceased estates is governed by the Administration of Estates Act 66 of 1965 (the Act). On the death of a person, the surviving spouse or nearest relative […]

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