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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Wills & probate
Get Your Will Right is a practical guide on what you should consider when drawing up your Will to reduce the cost of managing your estate. The book will guide you on how to structure your assets to minimise estate duty and will help your family with the process of finalising your estate, while highlighting the problems that could occur should your Will be lost or incorrectly completed.
It also warns against the common practice of a terminally ill individual moving all the assets into the spouse’s name before death, as in the long run, this can cost the family R700 000 in estate duty.
Get Your Will Right is an easy-to-understand guide that could save your family hundreds of thousands of rands upon your death and is based on the authors’ experience of managing over 300 deceased estates.
Scott on Cession: A Treatise on the Law in South Africa is a
comprehensive exposition of the law of cession. Scott incorporates
aspects of her doctoral thesis (1977), her previous book on
cession, The Law of Cession, (1991) and her articles on cession
that have been published in law journals. The book focuses on case
law, but case law as a source of law in this branch of the law
poses particular problems: some of the earlier decisions, and even
recent ones, are based on Roman-Dutch law, which no longer
completely satisfies current modern needs. To explain certain
idiosyncrasies in the case law, Scott refers to the historical
development of cession as a legal institution. The book also
provides extensive commentary on certain problematic aspects of
cession, using comparable legal systems, and incorporates the
dogmatic foundations of the law of cession.
This is the fifth edition of the book that has appeared for the
first time in 1992 as a relatively concise text, primarily aimed at
students in the law of succession. In its successive editions the
book has evolved into a more general source on the South African
law of succession. Through its approach, presentation and
systematic method the work remains ideal for use as a textbook in
courses in the law of succession. The fifth edition again strives
to provide the reader with a comprehensive overview of the
different facets of the law of succession, in the light of recent
developments that have affected this branch of the law.
This book comprehensively, yet succinctly, covers the use and
administration of trusts in South Africa. It also serves as a
useful reference to more detailed texts on the subject as well as
to case law. Whilst the Trust Property Control Act 57 of 1988 sets
out the minimum requirements when it comes to the formation and
administration of trusts, other statutes (including the Income Tax
Act, the Estate Duty Act, and the Alienation of Land Act) also have
a direct bearing on how trusts are formed, administered, amended
and terminated. Moreover, the common law has been a major factor in
the development of trust law in South Africa. This book therefore
not only deals with the legislation that is relevant to trusts, but
it highlights and discusses the case law which has been an
essential part of the development of the law of trusts.
South African Law of Succession and Trusts: The Past Meeting the
Present and Thoughts for the Future comprises papers that were
presented at a conference held in September 2012 at the University
of Cape Town. The conference participants examined the considerable
developments that have occurred in the areas of succession and
trusts. The book contains an interesting array of contributions
that deal with aspects of `mainstream' succession and trust law. In
addition, in keeping with the constitutional recognition of African
customary law and different systems of personal law, several
contributions deal with the relevance of African customary law and
religious law in contemporary South Africa, as well as with the
harmonisation of divergent legal systems.
PUT YOUR HOUSE IN ORDER NOW WHILE YOU STILL CAN AND HELP YOUR LOVED
ONES, EXECUTORS AND ATTORNEYS IN THE FUTURE Coping with your death
or the diagnosis of a serious illness is bad enough, but having to
make difficult decisions on your behalf can add further stress and
heartache for your loved ones. State your preferences for the
future now, and save them the extra heartache. My House is in Order
will help you to eliminate the usual problems, doubts and arguments
that inevitably arise when the time comes to act upon your Will or
Lasting Power of Attorneys. The best made plans alone are very
often not enough, there are always other problems and
considerations to think of. My House is in Order will help you
prevent the following from happening: Executors struggling to find
all of your information Executors not sure of their duties or what
to do first Family squabbles and feuds Executors & Attorneys
doubting their own decisions Attorneys wondering what you would
have preferred Forgetting about certain treasured possessions and
pets Making the wrong funeral arrangements Having to pay unexpected
taxes and bills Stephen James Drury has been helping and advising
clients to preserve and protect their estates for the last 30
years.
This work is the undisputed authority in its field. In the two
decades since it was first published in 1980, two supplements were
produced to update the contents. The long-awaited second edition
incorporates the important legislation relating to wills and
intestate succession enacted over the last twenty years, and takes
note of significant judgments and new literature on the subject. It
reflects the law as at 1 June 2001. Authored by a former Chief
Justice of South Africa, a practising senior counsel and an eminent
academic, The Law of Succession in South Africa draws on an
unusually wide range of legal experiences. It should form part of
every law library. Indispensable work of reference. Comprehensive
discussion of all aspects of the law of succession. Includes
chapters on litigation in succession matters. Deals with the
conflict of laws.
What obligations to each other do people have or think they have?
That question comes up in relation to family and marriage
relationships, to law, and to moral reasoning. This novel and
highly readable book takes it up in relation to inheritances: to
what people think they should leave or be left, who should receive
what, when, how, and why. Making the book novel is its range. Here
are views about more than money. Covered are also houses, land and,
an often neglected but emotion-laden area, the personal and often
indivisible things that mean one is remembered as an individual.
Making it novel also is its emphasis throughout on meanings and on
what people see as matters of choice or flexibility. Even in
countries where the legal codes specify who should receive what
after death (many European and most Islamic codes allow far less
choice than British-based law does), people still have room for
decisions about what they give away to various heirs or spend
before death. What makes the book highly readable? One reason is
its timeliness. Currently lively, for example, are debates over
parents balancing their own needs and wishes against those of their
children ("spending the kids' inheritance," in one description).
Another is the book's style. The writing is straightforward. Theory
is not neglected but there is an absence of jargon. The material is
also mostly based on narratives: on people's own descriptions of
arrangements that "worked well" or "did not work well" and on why
they thought so. That base makes the book far from dry and far from
being an account only of negative feelings, objections, challenges,
and family rifts. It also makes it more relevant at times of
indecision or misunderstanding. In short, a book for many readers,
both within the social sciences and beyond it.
There can be no doubt that both substantive family and succession
law engage in significant interaction with private international
law, and, in particular, the European Union instruments in the
field. While it is to be expected that substantive law heavily
influences private international law instruments, it is
increasingly evident that this influence can also be exerted in the
reverse direction. Given that the European Union has no legislative
competence in the fields of family and succession law beyond
cross-border issues, this influence is indirect and, as a
consequence of this indirect nature, difficult to trace.This book
brings together a range of views on the reciprocal influences of
substantive and private international law in the fields of family
and succession law. It outlines some key elements of this interplay
in selected jurisdictions and provides a basis for discussion and
future work on the reciprocal influences of domestic and European
law. It is essential that the choices for and within certain
European instruments are made consciously and knowingly. This book
therefore aims to raise awareness that these reciprocal influences
exist, to stimulate academic debate and to facilitate a more open
debate between European institutions and national stakeholders.
This book offers a new look at the legal and cultural implications
of bequests that crossed the color line. ""Fathers of Conscience""
examines high-court decisions in the antebellum South that involved
wills in which white male planters bequeathed property, freedom, or
both to women of color and their mixed-race children. These men,
whose wills were contested by their white relatives, had used
trusts and estates law to give their slave partners and children
official recognition and thus circumvent the law of slavery. The
will contests that followed determined whether that elevated status
would be approved or denied by courts of law.Bernie D. Jones argues
that these will contests indicated a struggle within the elite over
race, gender, and class issues - over questions of social mores and
who was truly family. Judges thus acted as umpires after a man's
death, deciding whether to permit his attempts to provide for his
slave partner and family. Her analysis of these differing judicial
opinions on inheritance rights for slave partners makes an
important contribution to the literature on the law of slavery in
the United States.
This kit has everything you need to plan your estate, make
decisions about how to divide it, and write your own legal will.
It's written by an American lawyer and is 100% legal. Creating an
estate plan and writing your own will is easy. You don't have to
make a complete inventory of your belongings. Just follow the
step-by-step instructions in this book and use the forms to create
your own will.
This book centers on estate planning with code sections,
regulations, court cases and experiences involved in estate
planning. It was written over 5 years with excitement, pain, love
and hate. It was designed for the regular person to understand
because the Internal Revenue Code is not user-friendly, never was
and never will be until Congress decides differently. While there
are technical areas in this book, there is also an effort to
explain those areas in everyday terms so the reader can easily get
the point of estate planning. You must read the section on Being A
Consultant - Absolutely Brutal!
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