Your cart is empty
The book introduces students to the general principles of the law of succession in South Africa, integrating the common law, statutory law, constitutional perspectives, and the related customary law principles. It addresses the Civil Union Act 17 of 2006, and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 and other legal developments.
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.
Both the law of testate succession and the law of intestate succession are of major importance to the administrator of an estate in determining how estate assets should be distributed.
The most important aspects of these branches of the law are regulated by legislation. There are, however, aspects of the law that are based on common law and which are not governed by legislation. These matters, such as the interpretation of wills, aspects regarding the capacity to inherit, accrual and massing are also discussed.
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.
Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.
There is no room for error in the drafting of Wills because when a Will comes into effect the testator is not present to revise, amend, interpret or give instructions as to his intentions. This places a special onus on the drafter to be linguistically precise and technically correct. Failure to adhere to the minutiae of the technicalities and legalities have led to many a family dispute, costly litigation, and delays in the winding up of estates, causing both emotional and financial hardship to the family of the deceased. This practical guide, written by a specialist in the drafting of wills, covers all the processes, considerations and technicalities involved in correct and sound drafting of wills, covering details that are vital to good testamentary practice. It is essential reading and reference for all professionals involved in the drafting of wills and in the administration of deceased estates, including lawyers, accountants, tax advisers, bankers, insurers, and testators themselves. The book is based on the latest developments in the law and recent judgments pertaining to Wills. As both a practitioner and lecturer in the field of deceased estates, Ceris Field brings a wealth of knowledge and experience to the subject of drafting of Wills.
With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.
Planning how to pass your estate on doesn't have to mean complications, legal jargon and huge bills. "Wills, Probate and Inheritance Tax For Dummies, 2nd Edition" takes you through the process step-by-step and gives you all the information you need to ensure that your affairs are left in good order. It shows you how to plan and write your will, minimise the stress of probate, and ensure that your nearest and dearest are protected from a large inheritance tax bill.
Discover how to: Decide if a will is right for you Value your
assets Leave your home through a will Appoint executors and
trustees Choose beneficiaries Draw up a DIY will Work out how
inheritance tax works and if you're liable to it Find out what can
and can't be taxed
This new edition of 'Wills: A Practical Guide' explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation. The book contains a concise description of the content of a will and the mechanics of signing and witnessing and is written by two experienced practitioners in a clear and user-friendly style. It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator's capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on. There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas. These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court's decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required. The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems. There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists. 'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.
The fourth edition of A Practitioner's Guide to Probate and the Administration of Estates is a practical and comprehensive guide to all forms of non-contentious probate applications, completion of Inheritance Tax Accounts and the administration of estates. The book is packed with hints and tips and an accompanying CD-ROM contains a comprehensive set of precedent forms, enabling practitioners to adapt precedents for their own use. The authors provide careful explanations of every step in the procedure for winding up the estate of a deceased person, from taking initial instructions to the final distribution of the estate and closing the file. The book opens with advice on meeting the client and taking proper instructions; moving on to tracking down the assets and liabilities which comprise the estate; completing inheritance tax forms and obtaining any available reliefs and allowances; questions concerning wills and intestacies; applying to the probate registries; discretionary orders; obtaining grants of representation; collecting in the paying debts and liabilities; identifying the beneficiaries and paying the legacies; finalising the tax situation; and distributing the residue of the estate. This new edition has been completely revised with practice and procedure brought up-to-date,
This well-established guide to good practice for solicitors' firms that undertake probate and estate administration work has been comprehensively updated. It covers: - Money Laundering Regulations, including the requirements of the Trusts Registration Service - probate disputes and Inheritance Act claims, including the implications of the Supreme Court decision in Ilott v The Blue Cross and Others - inheritance tax, including implications of the new residence nil rate band for those administering estates - the new Guardianship (Missing Persons) Act 2017 and the procedure for declarations of death under the Presumption of Death Act 2013 - proposed changes to probate fees. This latest edition has been expanded with new chapters on the obligations of personal representatives in relation to digital assets and dealing with foreign assets, domicile and residence issues. Features such as checklists, precedents, case commentaries and examples enhance the book.
Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work. This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.
This book explains how to write a simple will, and how to deal with the affairs of someone who has died. This new edition is completely revised and updated, and is written in plain language by an author who has many years' experience in the probate registries. It explains when you can do things yourself and when you need a solicitor. The subjects covered include: * Making your will: why do it; how to do it; appointing executors, the different gifts that can be made; how to make sure the will is valid and will be put into effect. * Who may apply for probate: how to work out who, of the relatives and friends left behind, is the one to sort out a deceased person's affairs. Who inherits if there is no will? * The estate: making sure that all the property and debts are found . * Inheritance Tax: working out if tax has to be paid, how much, and the arrangements for paying it. * Going to court: the procedure for visiting the probate registry to finalise paperwork when this is requested by you and, when not, the procedure for swearing oaths before solicitors. * Administering the estate: collecting together the property; paying the debts, distributing the inheritances.
The extensively updated seventh edition of Unlocking Equity and Trusts will help you grasp the main concepts of Equity and Trusts with ease. Using straightforward language and explaining the law in a clear manner, it provides an excellent foundation for learning and revising. Each chapter in the book contains: Aims and objectives; Activities such as self-test questions; Charts of key facts to consolidate your knowledge; Diagrams to aid memory and understanding; Prominently displayed cases and judgements; Chapter summaries; Essay questions with answer plans; Glossary of legal terms. The Unlocking the Law series is designed specifically to make the law accessible to students coming to study a topic for the first time. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another.
The amendments to the law of wills brought about by the Law of Succession Amendment Act of 1992 have created fundamental changes in South African testamentary law. This book analyzes the Wills Act as now amended. It deals with such topics as language usage generally, taking instruction from would-be testators, the structure of wills, estate duty, the limits to freedom of testation, the interpretation of wills, donation of human tissues, the so-called living will, traps to avoid in drafting, testamentary trusts, and other problems which practitioners commonly have to handle. It discusses important cases which have shaped testamentary law and gives examples of wills and testamentary trusts.
"An invaluable tool to help you collect the information your attorney needs." --Michael Cragun, Utah State Tax Commissioner An Accessible Guide to Estate Planning With Estate Planning (in Plain English)(R), readers will learn to comprehend the legal jargon and navigate the complex rules involved in preparing one's estate. The authors provide clear information and cite actual cases to help readers approach the process with the confidence and knowledge they need to make the best decisions for their heirs. Chapters discuss important topics such as: Estate plans, wills, and a variety of trusts Guardians, powers of attorney, advance directives, and other essential documents Life insurance Digital assets Gifts Tax considerations Avoiding probate Identifying and caring for estate property Settling business assets Finding a lawyer An invaluable reference for those preparing their estates and for their families, Estate Planning (in Plain English)(R)will enable readers to take the necessary steps to preserve their legacies.
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.
Lincolnshire has an extensive archive of sixteenth-century probate material, preserved in the registers of the consistory and archdeaconry courts of Lincoln, the peculiar court of the Dean and Chapter of Lincoln Cathedral, and the archdeaconry court of Stow. Unlike the wills proved by the archiepiscopal probate courts of Canterbury and York, those from Lincolnshire reflect a population of lower social status. The overwhelming majority come from the ranks of husbandmen, yeomen, or tradesmen, rather than the gentry. In this respect the wills offer a valuable source for the cultural and religious preoccupations of the 'middling sort' and those lower in the social spectrum on the eve of the Reformation. Equally, the detailed bequests of property, livestock and land provide an insight into the material culture and prosperity of the testators, as well as extensive genealogical and topographical information of interest to local, regional and family historians.
Trusts can provide clients with ways to achieve a wide variety of objectives, from protecting assets to minimising exposure to tax. This book gives you comprehensive guidance to enable you to: * consider each client's objectives * identify the applicable tax treatment * select the most appropriate trust * create and administer an effective trust. This practical and accessible how-to guide is supplemented by a set of tools and features including practice points, examples, tables, checklists, forms and figures that help you to understand the administrative techniques for the main types of trust and to avoid potential negligence claims and tax penalties. The author also presents a clear account of the taxation of trusts, which unravels the complex provisions relating to inheritance tax, capital gains tax and income tax, to give practitioners an understanding of the application of tax to the administration of trusts and the confidence to explain its effects on the settlor, the trustees and the beneficiaries. This new edition has been substantially updated and expanded to include new chapters on the reporting requirements of FATCA and CRS and the Trusts Register, the removal of trustees including where trustees lack capacity, the increasing application of SDLT and ATED and the residential nil-rate band.
You may like...
William P. Streng Hardcover
Die Stiftung als Instrument der…
Christian M Koenig Hardcover
Living Wills and Powers of Attorney for…
Shae Irving Paperback
Will Draftsman's Handbook, 10th edition
Julie Bell Paperback R1,805 Discovery Miles 18 050
Quick & Legal Will Book
Denis Clifford Paperback
Write Your Legal Will in 3 Easy Steps
Robert C Waters Paperback
Testamentary Capacity - Law, Practice…
Martyn Frost, Stephen Lawson, … Paperback R2,193 Discovery Miles 21 930
Cases and Materials on Gratuitous…
Mark Ascher, Grayson McCouch Hardcover
Mind Your Will - Undue Influence…
Hugh F. O'donnell Paperback
Practice Notes on Wills
David Chatterton Paperback R924 Discovery Miles 9 240