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Appointment of Executors, Trustees and Guardians – Why it is important – Cleo Cupido

Leave a Comment / Estate Planning, Estates / By

When drafting or updating a Will, it is very important to know what exactly the functions of an Executor, Guardian or Trustee are and who you should entrust with these functions. One of the first questions to consider when drafting a Will, is the appointment of an Executor.  The duties and responsibilities of an Executor …

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Family rights to immovable property after death of the owner By Sisteen Geyser

Estate Planning, Estates / By

Wills should have clear provisions on the rights of family members to immovable property after the owner dies. One way (the simplest) is to direct in the will that the property be sold and the proceeds divided among the children. This will avoid any joint ownership that could lead to disagreements among the children. However, …

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Why a Testamentary Trust?

Estates / By

Often the inheritance of minor beneficiaries under a Will must be administered on their behalf after the death of the Testator. One way of doing so, is by using a Testamentary Trust. The difference between an Inter Vivos Trust and a Testamentary (or Mortis Causa Trust) is that the former comes into effect during the …

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Trusts – What records should be kept and who can request information about trusts?

Property Law / By

By Sisteen Geyser Ever wondered what records should be kept by trustees and whether you can request documents or details from the Master of the High Court, or from the trustees themselves? What are a trustees’ record-keeping duties? The Master may issue a written request to Trustees to account to his/her satisfaction and in accordance …

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