ESTATE PLANNING - Articles by Julies Attorneys

Landlords and municipal services to unlawful tenants

Janine Julies2024-08-12T15:04:19+02:00August 12, 2024|ESTATE PLANNING|

Landlords and municipal services to unlawful tenants In the case of Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd (2023), the Supreme Court of Appeal upheld the rights of Lehlaka, who was a private property owner, to end its consumer agreement with the municipality and thereby allowed Lehlaka to stop paying the municipality for services to be delivered to unlawful occupants. The court confirmed that Lehlaka had no constitutional ...

How long does it take to wind up a deceased estate?

Janine Julies2024-06-24T14:09:38+02:00June 24, 2024|ESTATE PLANNING|

How long does it take to wind up a deceased estate? Every deceased estate has different circumstances that impacts on the timelines for winding up the deceased estate. Factors that speed up the finalising of a deceased estate include whether or not the deceased left a valid testament or not, family disputes, the complexity of the estate which includes factors such as the amount, nature and the location of the ...

Antenuptial Contracts 101

Janine Julies2023-08-12T13:29:10+02:00August 12, 2023|ESTATE PLANNING, FAMILY LAW, PROPERTY LAW|

Antenuptial Contracts 101 An antenuptial contract, also referred to as a prenuptial contract, arranges the matrimonial property system of spouses. It regulates how property will be owned in the marriage because spouses can decide to own their estates separately or jointly. The antenuptial contract can however also be used for many different purposes and this include the provision of donations or even future gifts between spouses, estate planning, the creation ...

Separated spouses may claim maintenance

Janine Julies2023-07-04T21:44:15+02:00June 27, 2023|ESTATE PLANNING, FAMILY LAW|

Separated spouses may claim maintenance Spouses who were separated at the time of the death of a spouse may also rely on the Maintenance of the Surviving Spouse Act 27 of 1990 (MSSA) in certain circumstances. Under the Act, a surviving spouse who was separated from the deceased spouse, but who is not legally divorced may be entitled to maintenance if: The deceased spouse was legally responsible for maintaining the ...

What is a living trust?

Janine Julies2023-08-12T12:59:38+02:00May 21, 2023|ESTATE PLANNING, FAMILY LAW|

What is a living trust? A living trust, also known as an inter vivos trust, is a legal arrangement where a person (the "Founder/ Donor") transfers ownership of their assets to a trust during their lifetime. The trust is managed by trustees, who are appointed by the Founder, and the trust assets are held for the benefit of the beneficiaries that are named in the trust deed. The founder can ...

6 Ways To Reduce The Taxes Of A Deceased Person In South Africa

Janine Julies2023-06-27T21:01:27+02:00March 16, 2023|ESTATE PLANNING|

6 Ways To Reduce The Taxes Of A Deceased Person In South Africa There are several ways to reduce the taxes associated with estate administration. These include: Review the will: Review the will to ensure it is structured to minimise taxes. For example, consider using trusts or other tax-efficient structures. Take advantage of tax exemptions: Certain tax exemptions can be applied to estates, such as the primary residence and certain assets. ...