All articles by Liesl Fischer

Maintenance for surviving spouse

By | Family Matters On Line Archive, Liesl Fischer | 4 min read

This article will explore what happens with the maintenance for surviving spouses after the death of their partner. A surviving spouse, regardless of the matrimonial property regime in terms of which they are married, may have a claim for their reasonable maintenance requirements against the deceased’s estate. Maintenance for surviving spouses The Maintenance of Surviving Spouses Act 27 of 1990 (hereinafter referred to as “the Act”) allows, in certain circumstances, widows / widowers to be maintained from their deceased spouses estate....

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maintenance for surviving spouse

Death, Divorce,Wills and Ex-spouse

By | Family Matters On Line Archive, Liesl Fischer | 4 min read

In terms of Section 2B of the Wills Act 7 of 1953, if there is an existing will and either spouse dies within 3 months of the date of divorce, the ex-spouse will not receive any benefits allocated to him/her in terms of the will.  If, however, the ex-spouse dies 3 months after the date of divorce, the ex-spouse will receive the benefits allocated to him/her in terms of the will. This rule is to allow divorced spouses a 3 month period within which to amend their wills.  If the will is not amended after this 3 month period, the presumption...

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death, divorce, wills, ex-spouse

Is it beneficial to set up a trust for estate planning purposes?

By | Family Matters On Line Archive, Liesl Fischer | 5 min read

Estate planning involves the effective structuring of assets so that they may be transferred to the people nominated by you, in your will, without paying unnecessary taxes or estate duty.  Proper estate planning will also reduce uncertainties regarding your estate upon your death. Estate planning in your personal name One of the major disadvantages of your estate devolving in terms of a will is that your entire estate is frozen upon your death, including bank accounts and any bank accounts held jointly.  Therefore, if you have a spouse...

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estate planning