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Hayley Pillay
Should you own a house (immovable property) PRIOR to being married in community of property; you may want to consider a few points with your Estate plan. Benjamin Franklin very wisely stated: “By failing to prepare you are preparing to fail.” How will you know if you are married in or out of Community of...
As attorneys winding up deceased estates we often come across these issues all too often which is yet another reason why it is so important to ensure your Will is up to date. I was recently asked by a client to advise on the legal consequences of his “common law marriage”. His “wife” of 15 years...
If your Trust is buying or selling immovable property, extra care must be taken with the drafting of the agreement of sale to ensure it is a binding and valid agreement. Here are some of the points to be considered for the agreement to be valid: Authority of Trustees Trustees may only enter into a...
A bequest to your divorced spouse in your will, which was made prior to your divorce, will not necessarily fall away after divorce. According to the Wills Act 7 of 1953, unless expressly stated otherwise, a bequest to your divorced spouse will be deemed to have been revoked should you die within three months of your...

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