Simon Dippenaar & Associates are experts in family law. The government is gradually easing the restrictions. When a loved one dies without a Will, the repercussions for the family can be devastating. However, the mere existence of a will does not necessarily solve the problem. South African law is quite specific on what grounds constitute an annulment and on who should be granted one. How to draft a will within the requirements of the Wills Act 7/153 in South Africa. IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION-GRAHAMSTOWN) Case No: 515/2017 In the ... acknowledgement that on its own the deed of sale is invalid. 2019 Amendments to the Recognition of Customary Marriages Act in South Africa. South Africa’s gov’t said it was studying a High Court decision declaring its COVID-19 restrictions as unconstitutional. In each case legal advice is needed. The requirements for a valid Will are as follows: A person must be over the age of 16 (sixteen) years. The North Gauteng High Court on Tuesday ordered a review of the current regulations of the 'Level 3' and 'Level 4' national lockdowns. The South African law of succession prescribes the rules which determine the transfer of a person’s estate after his/her death. Contract Law is currently undergoing a process of thoughtful changes and renewals as they adapt to the needs of the new political era in South Africa. A South African high court declared some of the government's coronavirus lockdown regulations unconstitutional on Tuesday but suspended the order for 14 days, leaving the rules in place for now. You can't challenge or contest a will simply because you don't like its terms. Enduring powers of attorney survive the mental incapacity of a person granting the power if that is stated in the document. According to reports, 70% of South Africa’s working population do not have a Will. A South African high court on Tuesday said some of the coronavirus restrictions in the country were "unconstitutional" and "invalid". South Africa’s local media has never had such high demand, but the loss in advertising revenue has been disastrous, according to a new report from the South African National Editors Forum. having a will declared as invalid; or making an application under the Inheritance (Family Provision) Act 1972 (SA) for inadequate provision. Essentially, the amendment will give women who entered into a customary marriage before 1998 equal marital property rights. Non-compliance means the High Court could reject a will On 30 July 2019, Government passed a new bill to provide equality for women in monogamous or polygamous customary marriages in South Africa. 10  I find no merit in the contention. This essay continues the topic discussed in the previous essay by explaining The Law of Contract in South Africa. However, it can be quite tricky to work out if your particular situation fits the criteria. On this contention it could only come into life by the order of the regional court. Often times a disappointed relative who feels that he or she did not get a “fair share” of the estate will try to have the last will and testament declared invalid by contesting the will in court. Hi everyone. My parents applied for Australian citizenship with no intention to keep our South African citizenship and as such, our South African passports expired and some 17 years later we all only have Australian passports. André Claassen & Jan du Toit. The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. In 2004 the South African Law Reform Commission recommended the introduction of enduring powers of attorney in South Africa. The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. If a disputed will is eventually approved by the court, a grant in solemn form is made. A South African court has found some coronavirus lockdown regulations imposed by the government "unconstitutional and invalid". This information has not been provided to meet the individual requirements of a specific person and LegalWise insists that legal advice be obtained to … South African citizens wanting to travel to other countries should have a valid South African passport. There are specific formalities which a Will must comply with in order for it to be rendered as valid in terms of the Wills Act 7 of 1953. It is, in effect, resurrected and they look at the prior will. There are four legal reasons for a will contest in most states, and it can be very difficult to prove any one of them. The court made a remark, which appears to be an obiter dictum and therefore probably not binding, that section 2(1)(a) of the Wills Act, 7 of 1953, should be interpreted to require that the witnesses to a will must sign each page of the will document. S Africa court rules some coronavirus curbs invalid: Live updates. South Africa in March had implemented the coronavirus lockdown, including a ban on alcohol and cigarette sales. If you die without leaving a will or if you leave an invalid will, your heirs will inherit from you in terms of the Intestate Succession Act, Act 81 of 1987. Prescription periods may, in certain circumstances, be delayed or interrupted. In a will contest, if the will is declared to be invalid or void, the court will then look at a prior executed will. ... but your entire policy could become invalid. High Court rules Rica as unlawful and invalid in South Africa The RICA act will be suspended for two years which will allow parliament to bring the legislation in line with the constitution. The Will must be in writing. Based on the evidence of a handwriting expert the court found it to be a forgery and declared the will invalid. The Constitution specifically states that “when deciding a constitutional matter within its power, a court … must declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of its inconsistency … .” (Id.) If you have never owned one, you must apply for a passport at FNB. South African courts will need to take the lead to ensure that the position enunciated in Tswaing Consulting is corrected, until such time as we wait for a new domestic arbitration Act to harmonise the basic fundamental legal principles of domestic and international arbitration in South Africa. Ford Credit South Africa provides the following tips to consider when insuring your car and the pitfalls that could get your claim rejected. The court, not the Probate Registry, interprets wills.The executor, or a party interested in the estate, may apply to the court to have it decide what the deceased meant by the will.For example, the deceased may have left something to my grandson George and there may be more than one grandson named George. In order to address this we will have to go back to basics and determine whether a medical certificate is a valid certificate that would justify the payment of the employee from his or her sick leave entitlement. I was born in South Africa and left when I was 11 years old. South Africa has different laws which specify prescription periods, for example, the Prescription Act says that contractual and delictual debts extinguish after three years from the date when it became payable (due). Crafting a Living Will that’s legally sound and in line with South Africa’s tax laws helps to ensure your loved ones are left financially independent and that your assets go to them upon your death. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. (Constitution of the Republic of South Africa, § 172.) The abuse of sick leave is costing employers millions if not billions of rands every year in South Africa. This can even be the case if that will has been torn up or otherwise destroyed. The Liberty Fighters Network advocacy group filed a lawsuit against the regulations in May, arguing they were unlawful as they violated South Africa's Bill of Rights. South Africa– Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. A South African court has declared that some of the government's lockdown regulations to prevent the spread of COVID-19 are "unconstitutional and invalid", but will remain in force for the next 14 days. This means that… That translates to a great deal of expense in many cases, from attorney's and expert's fees to court fees. South African contract law is ‘essentially a modernized version of the Roman-Dutch law of contract’, which is itself rooted in canon and Roman laws. The BCEA and medical certificates. Only a person with legal standing may contest a last will; this requires that he or she must either be a named beneficiary in the will or stand to inherit if the existing will is declared invalid. Cronje and Heaton argue in South African Family Law, (2 ed) at 204 that the court’s intervention would be rendered superfluous – which the Legislature could not have intended – if invalidity did not result from a failure to observe subsection (6) (see further S Human, op.cit., who endorses this view). In the South African environment there might be more than one surviving spouse for example. This Act applies to all South … But if you already have it, you will be allowed to travel easily.