The accrual system determines that at dissolution of the marriage (through divorce or death), each party shares in the accrual (growth in assets) accumulated by the other as a fair mechanism to compensate both parties. Importantly, parties only share in the accrual or “net profit” of the other’s estate and not in any losses incurred.

An Apostille is a certificate that authenticates the origin of a public document.

We recommend that you have separate offshore wills for every country in which you own offshore assets. The offshore will/s specifically deals with the distribution of your foreign assets, and is separate from your existing will, which governs your South African assets.

If you want to make it absolutely clear that your company will only regard itself bound by a conventional signature, you must stipulate in your contract of employment (or any other contract) that 'signed' refers to a hand-written signature, excluding any signature appended by 'electronic communication' as defined in the Electronic Communications and Transactions Act, no. 25 of 2002.

Before a Conveyancer may proceed to transfer a property from an estate to an heir the following information must be ascertained.

Ideally, your legal document should work like an efficiently planned-out road map so that the Master, courts and others in the legal profession will all understand exactly what your directions are and how to get to the intended destination. The statutes and the provisions in the document work together to accomplish this.

The simple answer is no. Documents that are going to be used for overseas purposes, be it for an individual or company, can only be signed before a notary public.

Because it’s important to have your prenuptial contract in place prior to getting married, well help you understand the details and benefits of the different types of ante nuptial contacts, and the benefits of each.

A number of provisions are typically included in wills to facilitate the administration of the deceased estate, avoid ambiguity, and ensure that all property is disposed of in accordance with the testator’s wishes. Here are some of them.

This 3-part series on your will outlines certain important points to ensure your will is valid and drafted in accordance with the law. This third article discusses what happens when a beneficiary has intentionally been the cause of the testator’s death.