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Filter: Deceased Estate
Why can deceased estates take so long to be finalised?

29 May 2023

The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate... after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate? 

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142
Article
Can a testator rule from the grave?

16 March 2021

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s... last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

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494
Article
Who can inherit from a child’s estate?

10 February 2021

I have a friend who has been looking after her grandson since birth when her daughter just walked out on... the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have much time left with the biological mother suddenly making an appearance to try and claim the remainder of the settlement money. Surely my friend is entitled to the money having taken care of the child all her life? What is the position in law?

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506
Article
Does your pension payments form part of your insolvent estate?

10 February 2021

I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from... my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?

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394
Article
Can I keep my grandfather’s rifle?

12 October 2020

My grandfather recently passed away and left me his hunting rifle. I’m not sure if I want to keep it,... but would like to weigh my options. How does it work? Must I take the rifle?

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436
Article
What do I need to keep in mind when appointing an executor in my will?

09 November 2018

I’m getting married soon and know that we are going to have to get a will in place. My friend... told me that an important decision is deciding on who the executor of our estate will be. I have no idea though how to decide or what to consider. Can you help?

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431
Article
Can you remove the executor of a deceased estate?

08 August 2018

My father recently passed away and in his will nominated a financial institution as the executor of his estate. It’s... now been months and the financial institution has made no progress with the administration of the estate. I know an attorney that is willing to administer the estate for me, but the financial institution refuses to allow him to take over the executorship of the estate. Can I have the institution removed as the executor of the estate?

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407
Article