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  • Do I need a will if I am married?

    According to South African law, if you do not have a will your estate will be distributed according to the laws of Intestacy (Intestate Succession Act no 81 of 1987) with consideration of the Maintenance of Surviving Spouses Act 27 ...
  • What happens to my house if I die without a will?

    Regardless of whether you have a will or not, your estate will still need to be administered upon your passing away and therefore will be in the control of an executor. However, when you pass away without having drawn up ...
  • Do I need a will if I have beneficiaries?

    Yes. If your beneficiaries are not your bloodline heirs or descendants or may claim from your estate based on the Maintenance of Surviving Spouses Act, Intestate Succession Act and/or the Children’s Act, they will not be considered when ...
  • Who inherits when there is no will, in South Africa?

    If you do not have a legal, valid will the laws of the State will govern how your assets are distributed. These include Maintenance of Surviving Spouses Act, Intestate Succession Act and/or the Children’s Act. The executor of ...
  • Can a last will and testament expire?

    No, wills are perpetual by nature, which means once the testator proofs and validates his will, it will never terminate. A will can never actually “expire,” and there is no restriction that limits the time during which a will is ...
  • Can an executor refuse to pay a beneficiary?

    Yes, an executor has the authority to withhold paying an inheritance to a beneficiary of a trust or an heir or legatee, with valid reason. An example of this would be, if the executor deems the beneficiary incapable of managing ...
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