Will Drafting
Probate, Will Drafting
Children born outside marriage and intestacy
In intestacy cases there are certain key rules that we all keep in mind. For example, we know that the share of a pre-deceased child…
Probate, Will Drafting
Obligation of personal representative to ex-spouse of deceased
There are many obligations of personal representatives in the context of an estate, but one particular explicit obligation is set out, not in the Succession…
Will Drafting
Gifts to adopted children by natural parents
I’m really dating myself here. But was your early childhood full of M*A*S*H*, Basil Brush and the Little House on the Prairie? Well maybe it…
Probate, Will Drafting
Impact of adoption on s. 117 claims
I have been looking at various elements of section 117 claims over the last number of emails. Just a quick one on this. If a…
Will Drafting
Civil partners and s. 117 claims
You might recall last week that I mentioned that s. 117 applications cannot succeed where a spouse inherits, because spousal bequests are exempt from challenge…
Will Drafting
Restriction on s.117 claims
Just a quick note. You will often have to advise a testator that they owe a moral duty to their children. So how does that…
Will Drafting
Errors with homemade wills
You might often have had to help clients sign wills at home by giving them direction and letting them have samples. Particularly during Covid, when…
Probate, Will Drafting
Section 117 and stepchildren
Just a quick one to recall. I was acting for a female spouse of a marriage. The man of the relationship was previously married but…
Will Drafting
Does a will witness need to be over 18?
Now that school is over, your thoughts are turning to summer holidays and ways of occupying the munchkins. While there are many useful occupations for…
Will Drafting
Wills and witnesses
We all know that a witness to a will cannot receive a benefit under a will (s. 82 SA 65). Such a situation does not…
