Martin was 56 when he was diagnosed with prostate cancer. A successful oil company executive, he had married his glamorous wife when he was thirty. She was ten years younger than him and had briefly...
Why Make A Will?
As the saying goes: “Nothing in life is certain – except death and taxes”. To this, we would add: “If you don’t make a Will, your assets may not be sufficiently protected when you die.” ...
Trusts – Asset Protection & Bankruptcy Law
By Andrew Rogerson LLB (Hons) TEP Historically, trusts evolved as a means of protecting assets. This was achieved by having another trusted person hold legal title of assets on behalf of (or in trust ...
How powerful is an estate trustee?
An estate trustee (executor) is the true owner of a property of which he is trustee and, therefore, can effectively act like the true owner, according to a ruling that has been greeted with dismay in ...
Increase in estate litigation
Litigation surrounding wills and estates has increased in recent years, causing misery for already grieving relatives, and resulting in major costs consequences for the parties involved. The estate li...
Last Calls: When is it too late to challenge or Dispute a will?
An individual seeking to challenge or dispute a will should start legal action within two years or it will probably be too late, following an important ruling. The estate litigation solicitors at Roge...
Probate: Resisting an application
When someone dies leaving a will, the individuals named in the will as executors are the only ones with legal power to deal with the administration of the estate. In some cases, a third party may op...
The Role of Executors in Estate Administration: Important legal duties
The role of executor in the administration of a deceased’s estate is not an easy undertaking, unless the estate is a very simple affair. The expert probate and administration lawyers at Rogerson L...
Capacity to Draft a Will: a critical factor
Everyone should make a will. However, an individual must have what is known in law as ‘testamentary capacity’ in order to draft a valid will – that is, a will that is legally binding. In es...