Wills and estates - a seminar series

    There are six seminars in this series -

    • the first three focus on aspects of wills; and

    • the next three on the administration of deceased estates.

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    Announcements

    All our seminars are in-depth and well-researched, presented by experts in their field.

    The price includes a four-hour presentation and a comprehensive reference manual (sent electronically).

    Course Content

    Aspects of wills

    Seminar 1: How the law of succession has changed: an "invalid will" can become a "valid will"!

    • THIS SEMINAR IS NEW TO THE SERIES AND HAS NOT BEEN PRESENTED BEFORE.

    • Presented by Linda Schoeman-Malan

    • This seminar looks at the situation where, after the death of a person, an invalid will is found - a will that does not comply with the prescribed formalities. The possible application for condonation of non-compliance with the formalities and subsequent rescue of a will by the courts will be discussed.

    • When the administration process (the liquidation and distribution of the estate) starts, one of the first steps is to establish whether the testator left a (validly executed) will.

    • Since the enactment of the Law of Succession Amendment Act in 1992, the Wills Act empowers the courts to:

      1. excuse non-compliance with formalities for the execution and amendment of wills (section 2(3));

      2. recognise certain acts as effective revocation by sanctioning them as revocation actions (section 2A).

    • These amendments to the Wills Act have, however, resulted in confusion and a proliferation in the number of cases dealing with the interpretation and application of the provisions.

    • The focus will be on the following aspects:

      • Is the will invalid due to improper execution?

      • Can an "invalid document" become a "valid will" and can the latter revoke a previous valid will?

      • What can one do when the Master rejects a will or where the will is contested by a potential beneficiary?

      • What is the position when the original will is missing?

      • What is the position if only a copy of the will is available?

      • Did revocation take place and how can revocation be established?

    • Who will benefit from this seminar?

      • This seminar should be of interest and benefit to will drafters, professional executors and trust companies dealing with deceased estates. If you have ever encountered any of the situations sketched above, you will find this seminar very usefull. Attending this seminar promises to provide answers for practitioners involved in the drafting of wills and the administration of deceased estates.

    • Click here to view the seminar content (PDF).

    Seminar 2: Wills & intestate succession - recent developments

    • THIS SEMINAR IS A REPETITION OF THE ONE PRESENTED IN 2020.

    • Presented by Linda Schoeman-Malan

    • Approximately 70% of all estates reported at the Master’s Office are intestate or partially intestate estates. This means that, as an estate practitioner, you need to have a clear understanding of the principles of the Intestate Succession Act 81 of 1987, which guide intestate succession.

    • Concerning the remaining 30% of estates, i.e. those that are testate, the will-drafter has to ensure that the will accurately reflects the client's wishes and is valid in that it complies with the requirements of the Wills Act 7 of 1953.

    •  This seminar looks at:

      • the drafting and execution of a single or mutual will for a client(s);

      • the possible content of wills and vesting of rights when creating certain institutions, such as substitution, fideicommissum, usufruct or a trust mortis causa;

      • the Intestate Succession Act 81 of 1987, which applies whenever a person's will is invalid, the person has not executed a will, or he or she has only bequeathed some of his or her assets in a will; and

      • certain other important aspects of intestate succession, such as the influence of the marital regime, surviving spouse, representation, and unworthiness.

    • Who will benefit from this seminar?

      • This seminar should be of interest and benefit to will drafters, professional executors and trust companies dealing with deceased estates. It serves as a guide to avoiding the pitfalls associated with the proper drafting of wills and dealing with the principles of intestate succession where applicable.

    • Click here to view the seminar content (PDF).

    Seminar 3: Testamentary capacity and attestation: testamentary capacity, assistance to the vulnerable testator, aspects of execution, unworthiness to inherit, representation, accrual and simultaneous death

    • THIS SEMINAR IS A REPETITION OF THE ONE PRESENTED IN 2019.

    • Presented by Linda Schoeman-Malan

    • In the era we live in, people are living longer and becoming richer. Testamentary freedom is highly regarded. Family disputes dealing with the testamentary capacity of an elderly, vulnerable (suffering from dementia/Alzheimer's disease), physically disabled or ailing testator have increased.

    • Whenever a family member or client wants to execute a will, the requirements and test for testamentary capacity should be applied. This is especially true in the case of an elderly testator. There are specific requirements that need to be complied with during the execution process. The role of a will drafter has become more important in establishing whether a potential testator has the required testamentary capacity, through applying several modern tests which have been developed to establish capacity.

    • This seminar looks at:

      • situations where an elderly or disabled person wants to execute a will;

      • statutory provisions regarding testamentary capacity and the onus of proof;

      • testamentary capacity of vulnerable people;

      • several tests that have been developed to establish testamentary capacity;

      • assistance in execution when a person is weak or illiterate;

      • principles of undue influence and how an executor should deal with an unworthy beneficiary's proportional share; and

      • simultaneous deaths.

    • Who will benefit from this seminar?

      • This seminar would be of great benefit to professionals and individuals who have encountered, or who are likely to encounter, problems with the wills of elderly or vulnerable people or their testamentary capacity. Taking the necessary precautions can prevent disputes regarding the will.

    • Click here to view the seminar content (PDF).

     

    Administration of deceased estates

    Seminar 4: A juridical analysis of the liquidation and distribution account

    • THIS SEMINAR IS NEW TO THE SERIES AND HAS NOT BEEN PRESENTED BEFORE. The title and content are preliminary and subject to change.

    • Presented by Linda Schoeman-Malan

    • Some estates literally take years to be finalised and often beneficiaries become frustrated and unhappy with the executor and the pace at which the administration of the estate is progressing.

    • The process of compiling the liquidation and distribution account is often interrupted by an application to the High Court to clarify certain legal aspects related to the administration of the estate and the winding up of an estate.

    • Every so often the conduct of the executor or decisions taken by the Master are questioned and the executor or Master is regularly added as a party to the lawsuit.

    • This seminar will discuss (and analyse)

      • Who becomes the owner of the estate of a deceased person at the moment of death of the deceased?

      • How soon can the executor start with his/her preliminary tasks?

      • Planning the liquidation and finding a suitable method of liquidation.

      • Advances to beneficiaries and claims for maintenance in terms of the Maintenance of Surviving Spouses Act 27 of 1990.

      • Removal of the executor by the Master or the High Court, on the grounds listed in section 54 of the Administration of Estates Act 66 of 1965.

      • Objections against the estate, common law claims and section 35 of the Administration of Estates Act.

    • This seminar will focus mainly on the juridical aspects which apply when a deceased estate is administered, whereas Seminar 5 focuses on the practical administration of a deceased estate.

    • Who will benefit from this seminar?

      • Any person who has been appointed or nominated as an executor or any person who is involved in the administration of estates will benefit from this seminar. Professional executors, accountants, auditors, fiduciary institutes, and other professionals who have encountered problems during the winding up of an estate should find the seminar extremely helpful. 

    • Click here to view the seminar content (PDF).

    Seminar 5: Practical administration of deceased estates

    • THIS SEMINAR IS A REPETITION OF THE ONE PRESENTED IN 2020 IN AFRIKAANS.

    • FISA members receive CPD points for attending.

    • Presented by Jannie Rossouw

    • Any estate administrator knows that there are numerous small (or bigger) practical problems that they might encounter in the administration of a deceased estate.

    • That’s why this seminar focuses on the practical side. It will guide you on the practical aspects of the administration of deceased estates, with specific focus on the day-to-day problems that executors often run into.

    • These include:

      • the documents and information needed for the undertaking and reporting of an estate to the Master;

      • identifying the deceased’s assets and liabilities;

      • the liquidation of assets;

      • the reflection of assets and liabilities in the liquidation and distribution account;

      • handling objections raised against the L&D account;

      • resolving disputes and conflict between heirs or beneficiaries;

      • SARS and e-filing; and

      • estate tax, income tax and capital gains tax before and after the date of death (the taxes are discussed in detail in Seminar 6).

    • This seminar will focus mainly on the practical administration of a deceased estate, whereas Seminar 4 focuses on the juridical aspects that apply.

    • Who will benefit from this seminar?

      • Any person who has been appointed or nominated as an executor or any person who is involved in the administration of estates will benefit from this seminar. Professional executors, accountants, auditors, fiduciary institutes, and other professionals who have encountered problems during the winding up of an estate should find the seminar extremely helpful. 

    • Click here to view the seminar content (PDF).

    Seminar 6: Tax laws - tax flaws: income tax liability, capital gains tax, estate duty and donations tax

    • THIS SEMINAR IS A REPETITION OF THE ONE PRESENTED IN 2020 IN AFRIKAANS.

    • FISA members receive CPD points for attending.

    • Presented by Jannie Rossouw

    • Deceased estates are synonymous with taxes.

    • Where Seminar 5 touched on taxes in passing, this seminar really cuts to the heart of the matter, discussing various aspects of income tax, capital gains tax, estate duty and donations tax.

    • Calculating the capital gains tax aspect of income tax can be a complicated matter and the necessary expertise is required. Some administrators simply omit to calculate capital gains tax while others perform incorrect calculations. This often leads to objections being raised by SARS to the liquidation and distribution account, which in turn leads to delays with the Master in authorising the advertisement thereof. And on top of that, the estate's tax liability in turn influences the calculation of estate duty. One miscalculation can have a big ripple effect.

    • In this seminar, the presenter will provide practical guidance on steering clear of the numerous potential pitfalls.

    • Who will benefit from this seminar?

      • Any person who has been appointed or nominated as an executor or any person who is involved in the administration of estates will benefit from this seminar. Professional executors, accountants, auditors, fiduciary institutes, and other professionals who have, or are likely to, encounter practical problems during the winding up of an estate should find the seminar extremely helpful.

    • Click here to view the seminar content (PDF).

    Course Content

    The logistics

    • Seminars can be attended either online or by obtaining recordings.

    • Online seminars take place in the mornings from 8:00-13:00 and recordings can be viewed at any time during the day.

    • Each presentation is accompanied by a comprehensive reference manual.

    • Manuals are sent electronically in PDF format.

    • All the seminars will be presented in Afrikaans and English. (Delegates attending the seminars in Afrikaans will receive the seminar manual in both Afrikaans and English.)

    Course Content

    Our promise

    • Our in-depth seminars are well researched. They are written and presented by experts and scholars in their field.

    • With each of these seminars you will receive a comprehensive set of seminar notes containing examples and explanatory notes, all of which are yours for future reference.

    • The information, guidance and advice you receive here will save you precious time and money and will empower you with the knowledge you need to excel in your practice.

    Course Content

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