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Filter: Estate Planning
Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that... they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

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293
Article
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

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296
Article
Is an unsigned electronic will valid?

09 November 2015

My father recently passed away. His will was drafted by a financial planner who e-mailed the final draft to him,... but which he never signed. We found the email with the will attached but no further correspondence or documentation between the financial planner and my father regarding the content of the will or his wishes. Is this will valid?

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258
Article
Can I inherit if not formally adopted?

13 October 2015

I have been raised as the only child by parents who are not my biological parents. Although I regard them... as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die I will lose the possessions that they do have. Will I be able to inherit from them when they pass away?

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236
Article
Be wise and review your will regularly

16 July 2015

I have a will which my wife and I had jointly drawn up by a friend just after we were... married. I think the will is still ok, but I am not sure. We have three children now and I’m worried what will happen to them should my wife and I pass away or even be divorced. Should I let someone have a look at my will?

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270
Article
Is there digital life after death? Providing for virtual assets in your digital estate

21 November 2014

It’s the year 2016 and the majority of our world citizens today live digitally through online social media platforms, gaming... environments, websites, chat rooms, shopping sites and more. The growth of our digital world also gives rise to new questions of law relating to your digital ‘assets’. What will happen to my online gaming profile, Facebook account, online banking account etc. upon my death? The reality is that these digital assets also need administering and what happens to your Facebook, online banking and other accounts, may in fact, be up to you.

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226
Article
Ways to reduce your Trust’s Loan Account

25 July 2013

There are a number of benefits to placing assets in a trust for estate planning purposes. These advantages include, among... others potential estate duty benefits as well the future protection of assets. These assets are often transferred into a trust with the parallel creation of a loan account in favour of the transferor. These loan accounts can be reduced during the transferor’s lifetime in a number of ways.

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300
Article
Using a Trust as an estate planning tool

25 July 2013

Death eventually knocks on everyone’s door. This certainty necessitates proper estate planning to ensure that when the time comes you... are not anxious as to whether sufficient provision has been made for your loved ones after you are gone. In this article, we briefly explore some of the main benefits as well as concerns in using a trust as a specific tool for your estate planning purposes. Estate planning is aimed at protecting and preserving one’s assets not only during one’s lifetime, but also thereafter. In order to obtain some of the benefits that are associated with using a trust as an estate planning tool, it is important that the trust is correctly set up and complies with the essential requirements of the Trust Property Control Act.

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279
Article

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