Wills and Estate Planning Archives - Ashersons Attorneys

24 Sep 2026

Was it Even His Signature? How to Overturn a Fraudulent Will

“Beware the wolf in sheep’s clothing.” (From Aesop’s Fables) Your relative or friend dies, having at the last minute made a new will leaving everything to a new sole heir. You’re suspicious: the deceased was vulnerable, perhaps dying or suffering from dementia, and you’re convinced that they were taken advantage of by a manipulative fraudster. What can you do about it? The bad news is that it’s never easy to have a will set aside. Our courts have repeatedly said that they will not do so lightly, and the onus will be on you to prove invalidity. But, as a…

26 Aug 2026

By Ashersons Attorneys

National Wills Week: Do You Really Need 6 Types of Will?

“One ring to rule them all.” (JRR Tolkien in The Lord of the Rings) When it comes to making sure that you get to choose who inherits what from your estate, there really is only “one will to rule them all,” because our law recognises only one type of testamentary will: your “personal will” or “Last Will and Testament”. But what about all the advice to put in place a whole range of other “wills” as well? Do we really need to have an “offshore will”, a “digital will”, a “business will”, an “ethical will” or a “living will”? While…

26 May 2026

By Ashersons Attorneys

Estate Planning: The Ambush Tax Lurking in the Wings

“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all the information and documents that your executor and heirs will need to wind up your estate, and you’ve laid a solid foundation for protecting your loved ones when you’re no longer around to do so. Hopefully, most of us have already crossed those two essentials off our “to do” list. But there’s a third step which doesn’t always receive the attention it requires: planning for the costs your estate will…

26 Mar 2026

By Ashersons Attorneys

Beyond Your Will: Leaving a Legacy

“Legacy is not leaving something for people. It’s leaving something in people.” (Peter Strople, former Dell Computer Corporation director) Leave a personal legacy, not just a financial one We all know how important it is to our loved ones that we leave behind a valid will rooted in a comprehensive estate plan, but our legacy should go a lot further than just distributing assets. Sharing with your heirs your values, your family history, and the wisdom your years have granted you can be one of the most important gifts you leave, often outlasting tangible bequests by generations. On a practical…

06 Jan 2026

By Ashersons Attorneys

Electronic Wills Aren’t Valid: Stick to Pen and Paper

“Let’s choose executors and talk of wills.” (William Shakespeare in Richard II) You may have read one of the many online articles about an electronic will being validated recently by the High Court. Don’t be misled into thinking that electronic wills are now valid as a matter of course – they most certainly are not. Unless and until our Wills Act is updated to say otherwise, not leaving a written and signed will complying with all the Act’s formalities exposes your grieving loved ones to the risk of a hard-fought court battle at the worst possible time. What makes a…

26 Aug 2025

By Ashersons Attorneys

Excuses, Excuses: Why People Don’t Make Wills, And Why You Must

“All that lives must die, passing through nature to eternity.” (William Shakespeare, in Hamlet) Master’s Office records suggest that less than a third of us leave behind a will when we die. That’s astonishing, given the fact that death is one of the few absolute certainties in our lives. Why do so many of us put our families at risk like this? “I don’t have a will because…” It’s easy to find excuses for doing nothing about a will, with surveys conducted both locally and overseas suggesting that people’s failure to act is normally rooted in one or more of…

27 May 2025

By Ashersons Attorneys

How to Avoid Fighting Over the House – A Guide for Life Partners

“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile couple end up dragging each other through the courts, everyone takes a beating. Bloodied, battered and bandaged, they’re going to wish they’d implemented Groucho’s “ounce of prevention” in the first place. We’ll explain how to keep things amicable. But before we do, let’s consider the…

28 Jan 2025

By Ashersons Attorneys

Do You Need a Second Will for Your Overseas Assets?

“Only put off until tomorrow what you are willing to die having left undone.” (Pablo Picasso) If you own assets outside South Africa, you may have wondered: Is my local will enough? This is a question many South Africans are asking, and the answer will depend on your own unique situation. Let’s break it down. Why your South African will may not be enough A South African will can cover all your local and global assets and typically will do so unless otherwise specified. But practical and legal challenges can arise when dealing with foreign laws, tax regimes and regulations:…

26 Nov 2024

By Ashersons Attorneys

Estate Planning: Why it Matters, and How To Get Started

“When the hurly-burly’s done, when the battle’s lost and won.” (One of the witches in Shakespeare’s Macbeth) Another year draws to a close! If you’re taking a break, now’s a great time to get started on an estate plan – or to update your existing one. Estate planning is one of the most important steps you can take to protect your assets and to ensure that your loved ones are cared for after you’re gone. It goes beyond just having a will, although that is of course an essential first step when it comes to executing your plan. An estate…

25 Sep 2024

By Ashersons Attorneys

How Can You Protect Your Heirs’ Inheritances from Their Creditors?

“The only person who sticks closer to you in adversity than a friend is a creditor.” (Unknown) You’ve done everything you can to leave your loved ones financially secure after you die. You’ve left enough assets to set them up in their own lives, made a valid will (“Last Will and Testament”), and chosen a trustworthy and efficient executor to wind up your deceased estate. You think you’d done everything you can to help and safeguard them. But what if you missed something – something that could be a real gamechanger for your heirs? Insolvency and attack by creditors We’re…