Alan Jose Attorneys

In very basic terms, a Will refers to a document in which a person sets out what should happen to their estate when they die , the relevant law is the law of succession . Having a Will is one of the most important things you can do for yourself and your loved ones and without one, the legal system will decide how your estate will be distributed.   In this article, we will provide you with the information you need to draft your own Will. If you need a more detailed explanation of the Law of Succession, please c ontact us.   In South African law, anybody who is at least 16 years of age (who is mentally capable of appreciating the nature and effect of a Will) can draft their own Will. It is not necessary to have a Will drafted by an expert, unless you have a complicated estate and need assistance with p lanning and management. In this instance, we always advise getting general advice and the assistance from an experienced attorney.   Before you start drafting your Will, it i...

In our previous blog post, “Understanding the Divorce procedure” we discussed that how you are married, whether in community of property, out of community of property without the accrual or out of community of property with the accrual, is an important factor to take into consideration when applying for or going through a divorce. In this blog post, we will be sharing a basic overview of what the accrual system is and how it is calculated.   In basic terms, the accrual refers to the growth in the value of your estate from the date of your marriage until the date of the end of your marriage (whether by divorce or by death of either spouse). It was adopted into our legal system in 1984, by way of the Matrimonial Property Act, and since then every marriage entered into out of community of property is subject to the accrual system – unless it has been expressly excluded in your ante-nuptial contract (ANC).   In this marriage system, spouses share only in the profits that accumulat...

There is no denying that recent events, especially with regards to the Covid-19 pandemic, have had a huge impact on many aspects of our personal lives – and marriages and relationships have been no different. According to recent stats published on iol.co.za, “there has been a 20 percent increase in divorce applications in South Africa since level 4 of the national lockdown”. A divorce is never easy and involves many steps and procedures. Below we share a basic understanding of the divorce process, in a South African context.   The first thing to note is that all divorces are different and that there are many different factors which influence how a divorce proceeds. How you are married, whether in community of property, out of community of property without the accrual or out of community of property with the accrual, are important factors to take into consideration.   Married in community of property:   This means that both estates are joined together in equal and undivide...