Estate Planning in a Second Marriage: What a Will Alone Cannot Resolve
A second marriage introduces a layer of legal and financial complexity that most couples underestimate. When both parties bring children, assets, and, in many cases, prior divorce settlements into a new union, the standard estate planning question shifts from “who gets what?” to “what does the law say happens first?” The answer depends heavily on […]
Understanding Estate Massing in Community of Property Marriages
In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done while still ensuring the surviving spouse’s welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate […]
Registered Antenuptial Contracts vs Agreements Between Spouses
The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries Act 47 of 1937. The public is not always aware of the fact that a verbal or written contract can be binding inter partes (between the parties) because an […]
Can you change your marital regime after marriage?
A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital regime can provide parties with greater financial flexibility and protection. Understanding marital regimes In South Africa, there are three main marital regimes: In community of property: This is the default […]