Ideally, there shouldn’t be any necessity for estate planning. In a congenial, perfect family, surviving members would amicably divide everything equitably without a squabble, and set matters to rest with minimal fuss.

In Utopia, maybe. But we live in the real world.

In reality, death often leads to dissention. Arguments among the surviving members of the deceased’s family make estate planning an indispensable exercise. A will becomes even more essential in the case of a second marriage. Read More.....

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  1. Where can you get a Will?

When it comes to drafting your Last Will and Testament, the first thing to decide is: “Where can I get a Will from?” To answer this, consider whether you’re comfortable with using a template, or if you’d prefer that someone drafts it for you. If your estate is relatively uncomplicated then a template can be a quick, easy and cost-effective option. But if you’re hesitant, or you have more complex requirements, then rather consult with a specialist for some advice. Read More.....

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Cohabitation refers to people (regardless of their gender) who live together as if they were married, but are not legally married. Society in general has progressed a long way since the days when the mere hint of ‘living in sin’ would have had the ladies reaching for their smelling salts. South Africa’s courts have, equally, kept up with the changing times, and have on numerous occasions recognised the existence of a cohabitation relationship between two people. Read More.....

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In South Africa, marriages are governed by one of two marital regimes:

  • In community of property; or
  • Out of community of property

Getting married in community of property requires the couple to do precisely nothing. They just get hitched and ride off into the sunset. South African law provides that when a couple gets married the marriage is automatically presumed to be in community of property – unless the couple sign an AnteNuptial Contract prior to getting married. Read More.....

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The world. And all the stars in the sky. And everything that goes with it. And more if that’s possible. That’s what a starry-eyed lover is willing and all too eager to present the love of their life with. As time goes by the allure dissipates, the passion fades, the veneered mask of new-love slips off, exposing our protagonists in all their human glory, warts and all. And when the axe falls on the last tenuous threads of their relationship, all memory of their love-struck promises evaporates. Well, that may be true of the erstwhile promiser’s memory. The expectant recipient, however, suffers no such impairment. Indeed, the details of the promises are so sharp that even the embellishments are crystal-clear. Enforcing the fulfillment of those promises, however, can prove slightly challenging. Read More.....

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Yes, we know the story. Life is simply far too frenetic to worry about drafting your Will right now. The routine sounds oh-so-familiar. Wake up, shower, get dressed, grab a protein shake as you rush out the door, drop the kids at school, go to work, juggle meetings, phone calls, emails, go home, hopefully have time to go for a run with Fluffy, help the kids with homework, shovel down a meal while watching last week’s episode of Big Bang Theory on PVR, shoot off a few more mails on your phone, go to bed. Repeat. Read More.....

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Life is too busy to worry about Death. But Death has this annoying habit of disregarding Life and pitching up at the most inopportune moment. While cheating Death may prove difficult, we can smooth the process somewhat by making sure that we have drafted a Will. An alarming number of people do not have Wills. Here are some of the common excuses for not having a Will. Busted! Read More.....

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Much has been written lately about South Africa’s new requirements for travelling with minor children, more particularly when borders are traversed. Most of the viewpoints you’ve likely come across point to the inefficiencies of this new system, the negative impact on tourism, and tout this as yet further evidence of the gradual crumbling of the system. The challenges are indeed apparent and well-understood. Read More.....

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This year we witness a once-in-every-four-years phenomenon: the Leap Year. The elusive 29th February, through its rarity, holds a certain mystique with more than its fair share of traditions. Coupled with the month’s long-standing association with love, this is the day when women the world over are granted a licence usually reserved for the domain of men: the rare opportunity to propose to her man. Read More.....

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