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  • Do I need a will if I am married?

    According to South African law, if you are married and do not have a will at time of death, your estate will be distributed according to the Intestate Succession Act no 81 of 1987, with consideration of the Maintenance of ...
  • What happens to my home if I die without a will?

    Regardless of whether you have a will or not, your estate will still need to be administered when you pass away, and this will be overseen by an executor. However, when you pass away without a valid will (intestate), your ...
  • 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 or Children’s Act, they will not be considered when your estate ...
  • Who inherits when there is no will, in South Africa?

    If you do not have a legal, valid will the law will govern how your assets are distributed. The executor of your estate will have to ensure that your estate is divided in line with the Intestate Succession Act with ...
  • Can a last will and testament expire?

    No, wills are perpetual by nature, which means once the person whose will it is (testator = male, testatrix = female) proofs and validates their will, it never terminates. A will cannot 'expire' and there is no restriction that limits the time ...
  • 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. For example, if the executor deems the beneficiary incapable of managing their own finances and ...
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