Category: Estates, trusts and estate planning
Joost's last wish explained on OFM
A prolonged legal battle over who will inherit the asset of the late Springbok legend Joost van der Westhuizen has finally come to an end. Ferdinand Hartzenberg and Van der Westhuizen’s brother, Pieter, approached the Gauteng High Court in Pretoria to have a will Joost drew up in 2015 declared his last wish. The Master…
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How to write my will?
When you start thinking about a will, it is important to know that South Africa’s legislation has a number of requirements for a will to be valid. The requirements are not complicated, but must all be in place to make sure your will cannot be contested. Using an attorney to draft your will is not…
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Why should I have a will?
Benjamin Franklin once said there were only two things certain in life: death and taxes. Preparing for taxes is a generally accepted practice, but preparing for death is usually avoided. This is because discussing mortality is never easy, but preparing for it is an absolute necessity. We often get asked why a will? The simple…
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Helping someone to die: what the law currently says
In 2015, Robert James Stransham-Ford applied to court for an order to allow a medical practitioner to administer a lethal agent and end his life. As part of this order, Stransham-Ford wanted the practitioner to be immune from any civil or criminal liability for this action. At the time, Stransham-Ford had terminal stage four cancer…
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No surrogate pregnancies for infertile single parents
Would-be parents must share some genetic link with the child if they want to use a surrogate mother, the Constitutional Court has confirmed. In November last year, the Constitutional Court had to make a decision on whether infertile would-be parents could enter into surrogacy agreements, specifically where the child would have no genetic link to…
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Straight or gay: Who inherits when you die?
Does your partner inherit your estate if you’re not married? The Constitutional Court has given us the answer: it depends on your sexual orientation. Last week the Court handed down its decision in the case of Laubser v Duplan: the partner in a same sex couple can inherit if the deceased partner did not leave a…
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Who inherits your partner’s estate if you’re not married?
Last Thursday, the Constitutional Court heard an application for leave to appeal. The case involved a gay couple Mr Laubser and Mr Duplan, who lived together but never married. Mr Laubser passed away without having drawn up a will. The question to be decided is whether, following the death of his partner, Mr Duplan could…
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