Maintenance claims in a deceased estate allow certain dependants—such as spouses and minor children—to claim financial support from the estate if they are unable to maintain themselves. These claims can override or reduce inheritances and must be considered before the estate is finalised.
Business interests, such as start-ups and private company shares, can significantly affect divorce outcomes. Valuation, disclosure, marital property regimes, and confidentiality all play crucial roles in determining how these assets are identified, assessed, and divided.
South Africa recognises three matrimonial property systems: community of property, out of community of property without accrual, and out of community of property with accrual, each with different implications for assets, debts, and estate management.
Protect your blended family by regularly updating your Will, utilising tools such as life interest trusts, owning property as tenants in common, and consulting with legal experts. These steps help prevent accidental disinheritance, ensure fairness, and minimise future family disputes.
In South Africa, same-sex custody cases are guided by the “best interests of the child” principle, giving both parents equal standing, whether married or in a life partnership. Courts recognise same sex parents’ rights in adoption, IVF, and other parenting arrangements, ensuring children are legally protected.
When you marry in community of property, both partners share a single joint estate—everything earned, owned, or owed is split equally.