Legal news and commentary from the offices of Simon Dippenaar
What happens if the terms of your will change? We recently wrote about the risks associated with intestacy. If you die intestate – without a will – your estate is subject to the provisions of the Intestate Succession Act 81 of 1987, which we outlined in the article mentioned. A client asked us what would […]
What happens when you die without a will? Death is not something we like to contemplate, but it will come to us all. Benjamin Franklin is credited with the saying, “Nothing is certain but death and taxes.” None of us knows the hour of our death, and most would say that’s a good thing, but […]
What are the implications of cryptocurrency for estate planning? Cryptocurrency and decentralised finance (DeFi) are relatively new financial planning tools. Available data indicates that cryptocurrency investors are fairly young. For example, a global study by Gemini, conducted by the Harris Poll in 2021, suggested the average age of cryptocurrency investors worldwide was 38 years old. […]
We came across this interesting snippet about a trademark rights lawsuit between a sports company and the estate of the rock band AC/DC’s lead singer, Bon Scott. His estate had registered his name for merchandising. Scott Sports thought customers might confuse the two brands. The court ruled in favour of the estate, but the case […]
Why you need to appoint a legal guardian for your children in your will If you have children, you need a will. If you die without a will, this is known as dying intestate or in a state of intestacy. Nearly 75% of South Africans die without having a valid will. If this happens, your […]
At SD Law, we strongly advocate for effective estate planning. We encourage all our clients to draft a will if they don’t have one and revise it with every major life event – marriage, divorce, addition of a child to the family. This article from BizCommunity, written by Capital Legacy, specialist will provider, outlines four […]
If you sign as a witness to a will, make sure you know these facts These are sad times. Almost every day we hear of the passing of someone well known from COVID-19. And there are many more people who have lost loved ones who don’t make the news. Although the vaccination programme is […]
Western Cape High Court File picture: Africa News Agency (ANA) Reprinted from the Cape Times, by Chevon Booysen – 2020-10-01 Cape Town – Heterosexual life partners are now eligible to inherit from each other after the Western Cape High Court ruled that a section in the Intestate Succession Act (ISA) is unconstitutional and invalid. The […]
A little-known section of the Wills Act can have serious consequences The High Court of the Western Cape recently heard a case challenging the constitutionality of Section 2B of the Wills Act. The wording of the Act itself is confusing, so we’ll try to explain it in simple terms. If you are going through a […]
Why right now is a good time to make a will The current crisis is affecting different people in different ways. Some are having a great time, enjoying the break from work, cooking nice meals, drinking wine, and watching a lot of Netflix. Others are getting on with work, a bit disorientated by the lack […]
Freedom of testation – this article from Times Live raises an interesting debate surrounding the primacy of a will versus the constitutional right to equality. We await the Constitutional Court’s ruling… Private wills – as opposed to charitable trusts – are considered sacrosanct, not only in South Africa but the world over. As long as […]
A practical guide to selecting and appointing a Curator Bonis The ability to make decisions can be impaired because of diminished mental capacity, resulting from a variety of things, requiring the appointment of a curator. Sometimes the impairment is permanent, such as intellectual disability, brain injury or disease, dementia (Alzheimer’s) or incapacity related to ageing. […]
