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…
Read MoreHelping 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…
Read MoreStraight 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…
Read MoreWho 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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