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Filter: Testament
How should co-executors of a deceased estate act?

14 December 2021

My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our... family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?

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Article
Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income... for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

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Article
Can a testator rule from the grave?

16 March 2021

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s... last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

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Article
What do I need to keep in mind when appointing an executor in my will?

09 November 2018

I’m getting married soon and know that we are going to have to get a will in place. My friend... told me that an important decision is deciding on who the executor of our estate will be. I have no idea though how to decide or what to consider. Can you help?

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Expert Legal Advice

Administration of Estates

Administration of deceased estates includes advice and guidance, executorships, preparation of all documentation for submission to the Master of the... High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate.

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Advice and support in respect of Black Economic Empowerment (BEE) scorecard planning, BEE transaction structuring, equity transactions and ownership models,... empowerment funding, BEE compliance in respect of relevant BEE legislation, codes and charters, skills development, centralized procurement and socio-economic and enterprise development initiatives.

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Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations,... drafting of documentation and agreements, initiation of proceedings and all other matters relating to child rights.

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Competition Law

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Consolidation and Subdivision

Advice and support regarding the consolidation or subdivision or immovable property, including the preparation and lodging of documentation with the... Deeds Office, obtaining all necessary authorities and approvals, engaging with third parties, management of the consolidation or subdivision process.

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