Wassenaar Attorneys

Consequences of not leaving a valid will:

1. You forfeit the opportunity to decide who inherits your assets and your Estate is distributed according to the Intestate Succession Act, 1987 (mostly based on blood relation). Consequently, family members may inherit from your Estate, which was not necessarily your wishes.

2. Your Partner may be left with nothing if you are unmarried or your Will is not updated from a previous marriage. The Intestate Succession Act does not recognise a partner as a beneficiary in your Estate.

3. Your minor children’s inheritance could be awarded to the Government Guardian’s Fund or the Master of the High Court until the minor turns 18.

4. If both parents of a minor child die simultaneously, any interested person may apply to Court for appointed guardianship.

5. Family feuds often occur when family members argue over the distribution of your Estate when final wishes are not clearly documented in a Will.

6. The Winding up your Estate can take years, without a Will appointing a professional Executor, the government is essentially in control of the process.

If you die without leaving a valid will, it can be a very stressful and traumatic time for the family members you leave behind. It is never to early or to late to have a valid will drafted, so that your Estate may be distributed according to your wishes and not according to law.

Contact our office should you require assistance in drafting a Last Will & Testament at [email protected]

Court sides with wife not paying ex-hubby’s R400K rental after she found out he has a house he hid during marriage The South Gauteng High Court in Johannesburg ruled that a former wife should not pay her ex-husband’s R416 300 rental after she found out he has a house which he hid during their marriage.

We wish our clients a Happy New Year! May you have a wonderful 2023 ahead.

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"There is no limit to what we, as women, can accomplish" - Michelle Obama

Who is susceptible to Curatorship?

Any person incapable of managing their own affairs may be placed under curatorship. It could be that the person is mentally ill or physically disabled.

An interested party may approach the High Court for the appointment of a curator. This process is known as a curatorship application.

There are typically three types of curators, namely:

a.) Curator ad litem – a curator for litigation. This curator litigates on behalf of the patient;

b.) Curator bonis – This curator protects the patient’s financial and proprietary interests;

c.) Curator ad personam – This curator sees to the patient’s daily living needs, for example, needs arising at a care facility where the patient may reside.

Applications for curatorship are heard by the High Court and the Office of the Master of the High Court is mandated with the supervision and administration of the property of those who may be placed under curatorship.

In accordance with Rule 57 of the Uniform Rules of Court, the High Court is requested to make an order declaring the patient to be of unsound mind and incapable of managing his own affairs.


The Court will then appoint a curator ad litem. This person will generally be an Advocate or an Attorney nominated by the person bringing the application, whose duty will be to represent the patient and compile a report on the investigation into possible curatorship appointment candidates. The findings will then be presented to the Master of the High Court, as well as the Court.

The curator ad litem is also responsible for recommending the appointment of a curator bonis or ad personam.

The curator ad litem’s report is filed with the Master of the High Court who files a report either refusing or accepting the curator ad litem’s findings. If the Master approves the appointment, he will give a list of the powers to be held by the curator. The matter is then set down again for hearing and a final order will be granted by the judge.

For more information regarding curatorship or to book your consultation, contact our office today.

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What is Sequestration?

Sequestration can either be executed voluntarily or compulsory. The procedure and requirements for each method differ, although the consequences of the sequestration order are the same in both instances:

•Compulsory sequestration: Debtors who cannot pay off debts leads to creditors applying to have the debtor’s estate sequestrated.

•Voluntary sequestration: Debtors who willingly apply to the High Court for sequestration. The National Credit Act 34 of 2005 along with the Insolvency Act has determined the exact process to be followed for voluntary sequestration in South Africa.

Upon the sequestration an insolvent, his/her estate is handed to the Master of the High Court, who appoints a trustee for the insolvent estate.

Insolvency comes to an end when the insolvent becomes rehabilitated, meaning he/she is released from pre-sequestration debts.

If you require assistance in this regard, contact us to book your consultation.

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What is Liquidation?

- A company will be placed in liquidation when it becomes unable to pay its debts.

- A company can voluntarily proceed to declare itself insolvent OR a creditor of the company can bring an application to court, to declare the company insolvent.

- Consequently the company will cease to operate.

The winding-up of a company is done under the provisions of the New Companies Act, the Old Companies Act and the Insolvency Act.

If you require assistance in this regard, contact us to book your consultation.