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…

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…

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…

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…

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…

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…

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…

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…

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…

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…