Letter of Wishes: The what, why, when, when not, where and how
by Gina Lazarides What is a Letter of Wishes? A letter of wishes is a private document that is generally not enforceable and binding in law, which is written supplementary to a will and testament or a trust deed. It provides useful guidance as to the deceased’s wishes to executors, guardians and heirs […]
The latest digital phenomenon: NFTs and important considerations
The latest digital phenomenon, i.e. non-fungible tokens, or NFTs (also pronounced “nifty” or “nifties”) has been taking the world by storm. NFTs are assets held digitally with a unique code or PIN attached to it, in other words unique trading tokens. Similar to an original art piece, there could be prints for everyone to frame, […]
Estate planning for heirs who are physically or mentally incapacitated
When your loved ones are no longer able to manage their own finances, a general or special power of attorney will not entitle you to continue to manage their finances on their behalf. The reality is that, under South African law, if your loved one is no longer able to make his/her own decisions, the general or special power of attorney will fall away. Unlike some other jurisdictions, South African law does not provide for what is known as an […]
Estate planning and the accrual system
When a couple gets married and enters into an ante nuptial contract the accrual system is automatically included in terms of the Matrimonial Property Act No. 88 of 1984. The accrual system should be expressly excluded in the ante nuptial contract, if the intention is that it should not be applicable to the marriage. […]
Trustees: What you should know about your duties and responsibilities
You often accept appointment as trustee on trusts set up for the benefit of your family members or friends. As trustee, you can be held liable for not fulfilling your duties and responsibilities. To assist you to comply with your duties and responsibilities, we have compiled a summary of important points that you […]
The independent trustee requirement for SA trusts
All trusts should have an independent trustee in office. Although it is not yet a legal requirement in South Africa, most offices of the Master of the High Court are insisting on an independent trustee being appointed as a requirement on new trusts which can be classified as family business trusts in terms of a […]
Estate planning for South Africans around non South African assets
You may need a separate Will dealing with your non South African assets. A Will drafted and signed in South Africa may be, but is not always, sufficient to deal with your South African and non – South African assets. If you have, for example, externalised your discretionary foreign investment allowances and now […]
Estate planning tools
Estate planning will ease the burden on your family after your death and will allow for the process of the administration of your estate to be done as efficiently as possible. The basics of estate planning should be done by every person. This includes signing a Will, planning for the financial needs of your family […]
A health check for your Last Will and Testament
A health check for your Last Will and Testament Your last will and testament is one of the most important documents you’ll ever execute. While most of us would prefer not to talk about or plan for a time when we’re no longer around, your family will be grateful if you’ve seen to it […]
Celebrating South African women in Women’s month
Fidelis Vox helps our clients with the transfer to and preservation of their wealth in future generations. In this process, we recognise and embrace the crucial role of women in securing the family legacy. In the spirit of Women’s Month, we pay homage to generations of women who, against overwhelming odds and often in the […]