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Family Advocate Articles

Understanding the Impact of Children’s Amendment Act 17 of 2022

The Legislative Shift: Guardianship and the Children’s Court The Children’s Amendment Act 17 of 2022 stands as a landmark shift in South African family law, significantly amending the Children’s Act 38 of 2005. This change introduces the jurisdiction of Children’s...

Termination of Parental Responsibilities and Rights: Understanding Section 28 of the Children’s Act

When a parent's ability to provide a safe and nurturing environment for a child is called into question, the law allows for the termination of parental responsibilities and rights. In South Africa, this process is regulated by Section 28 of the Children's Act. In this...

Setting Aside a Will: Five Things to Do When Faced With an Invalid Will

Have you recently come across a will that you believe is invalid? If so, you may be wondering what your options are and what steps you need to take to challenge its validity. In this blog, we will discuss the process of setting aside wills and provide you with five...

5 Important Reasons You Should Have a Parenting Plan After Divorce

Divorce can be a difficult process, especially when children are involved. One of the most important things to consider when going through a divorce is creating a parenting plan. In South Africa, a parenting plan is required by law for any couple with children who are...
Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

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