
Wills and Estates: What you should know
Proper estate planning entails much more than the mere drafting of a Last Will and Testament.
Proper estate planning entails much more than the mere drafting of a Last Will and Testament.
Where the accrual system is specifically excluded, neither spouse will have any claims against the estate or assets of the other even during divorce proceedings. Spouses will be entitled to manage and control their estate without any interference by the other spouse and will also be able to bequeath their assets to any person in terms of a valid last will and testament.
Prospective spouses have an option to choose between two different variants of this system namely either “Out of Comunity of property with the inclusion of the Accrual System” or “Out of Community of Property with the exclusion of the Accrual System”
The changing social landscape of South Africa led to piecemeal extensions of the reciprocal rights and obligations of life partners, including the introduction of implied “partnership agreements” or universal partnerships, which posed an even greater threat to life-partners, specifically those who never actually intended to participate in a communal estate.
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