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Will and Trust
Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, registration of trusts and safe storage of wills.
Team
Insights
SOME IDEAS TO KICKSTART YOUR LEGAL NEW YEAR'S RESOLUTIONS
09 January 2024,
Lourens Swart
For a legally sound and prosperous 2024, contact PSN, here is why.
READ MORE
1031
Article
The latest developments in respect of the new Anti-money Laundering Legislation
04 October 2023
In this article, we provide an important update to trustees and company directors on the latest developments in respect of
...
the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) whi
show more
READ MORE
139
Article
Trusts: Majority rules, or unanimity triumphs?
27 July 2023
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority
...
sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees
show more
READ MORE
139
Article
Why can deceased estates take so long to be finalised?
29 May 2023
The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate
...
after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate?
show more
READ MORE
157
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 i
show more
READ MORE
338
Article
Can an email qualify as a last will?
14 June 2021
My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had
...
sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can
show more
READ MORE
269
Article
SOME IDEAS TO KICKSTART YOUR LEGAL NEW YEAR'S RESOLUTIONS
09 January 2024,
Lourens Swart
For a legally sound and prosperous 2024, contact PSN, here is why.
READ MORE
1031
Article
The latest developments in respect of the new Anti-money Laundering Legislation
28 August 2023
In this article, we provide an important update to trustees and company directors on the latest developments in respect of
...
the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which came into full effect on 1 April 2023 and affects all trusts and companies in South Africa.
show more
READ MORE
139
Article
Trusts: Majority rules, or unanimity triumphs?
27 July 2023
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority
...
sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the law of trusts in South Africa.
show more
READ MORE
139
Article
Why can deceased estates take so long to be finalised?
29 May 2023
The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate
...
after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate?
show more
READ MORE
157
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?
show more
READ MORE
338
Article
Can an email qualify as a last will?
14 June 2021
My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had
...
sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?
show more
READ MORE
269
Article
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