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His Business Debt, Our Responsibility – Liquidation & Divorce
Being married in community of property means that you and your husband are co-owners of each other’s assets, but also co-responsible for each other’s debts. If your husband's business goes into liquidation, creditors may have a claim against the joint estate.
FROM OURS TO HIS & HERS: CHANGING MATRIMONIAL REGIMES
Are you and your spouse worried about shared financial risks or debts in your marriage? Many couples in South Africa don’t realise the consequences of being married in community of property until it’s too late. Whether it’s to protect assets, start a business, or avoid financial pitfalls, changing your marital regime to out of community of property could safeguard your future.
Choosing the right trustee for your- Family Trust
A trustee in a family trust plays a crucial role in managing assets and ensuring beneficiaries' needs are met. The trustees have significant responsibilities, including safeguarding assets, distributing benefits, and complying with legal obligations. Choosing the right trustee is essential to the success of the trust.
Policies, Investment, Pensions Benefit Paying into Deceased Estate Bank Account
Life insurance policies often constitute a significant portion of the deceased's estate. These policies can be structured in various ways, but for the purposes of estate administration, it is essential to distinguish between policies that are payable directly to beneficiaries and those that are payable into the estate
Claiming Funds from “Frozen” Bank Accounts in Deceased Estates
Claiming funds from a deceased loved one's bank account in South Africa involves notifying the bank, obtaining necessary documents, and understanding the roles of executors and administrators. This guide outlines the steps and provides contact details for major banks' deceased estates departments.
The Price of Dying Without a Will & Minor Beneficiaries
In South Africa, minor beneficiaries face the prospect of funds being locked into the Guardian's Fund, a government-managed entity. While intended to protect minors' interests, this process can be lengthy, bureaucratic, and subject to administrative fees.
Can I Share Assets in a Family Trust During Divorce?
Are your family trust assets truly safe in the event of a divorce? Discover the hidden risks as we unravel when South African courts can pierce the veil of trust protection. Learn essential tips to safeguard your trust and preserve your legacy amidst marital turbulence.
Executor’s Fees Explained: To Pay or Not To Pay
Planning your estate is like playing chess: you want to strategize your moves to avoid unnecessary 'checkmates' from executor's fees. It's all fun and games until you realise your beneficiaries are stuck with the bill
Is a Family Trust the Middle-Class Miracle for South African Families?
Do you need a will or a family trust? The answer depends on individual circumstances, financial goals, and the commitment to compliance with SARS regulations. While family trusts can offer significant benefits in terms of wealth protection and distribution, they also come with associated costs and complexities.
Attorneys Fees In Administration Of Deceased Estates
The executor of your estate is entitled to remuneration, which can amount to up to 3.5% plus VAT of your gross estate, as well as 6% plus VAT on income accrued and collected after your death.
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