Trusts, Wills and Estates

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Expert Contributors
Roger Green

Roger joined Cox Yeats in 1973. He served on the Council of the KwaZulu-Natal Law Society for many years and also served on provincial and national law society committees, such as the committee on Competition Law. He is a past Chairman of the Standing Committee on Property Law matters of the Law Society of South Africa.

Roger is listed as one of eleven recommended South African corporate property lawyers in the PLC Corporate Real Estate handbook (www.practicallaw.com/realestatehandbook) and the Which Lawyer Yearbook (www.practicallaw.com/whichlawyer) published in the United Kingdom. He is also listed as a specialist in real estate in the global publication, Best Lawyers (www.bestlawyers.com) published in the United States.

Although primarily a property lawyer, Roger has many years’ experience assisting clients in the establishment of trusts, the drawing of wills and in estate planning.

Margaret McCullough

Margaret McCullough obtained her BA and LLB at the University of Natal, Durban and was admitted as an Attorney in March 1993 after serving Articles of Clerkship in Durban.

She is now a senior director at J Leslie Smith & Company and specialises in the administration of deceased estates, the drawing of wills, formation of trusts and estate planning.

Margaret is an active member on the Master's Office Liaison Committee, a committee set up by the Kwazulu-Natal Law Society to enhance the communication between members of the Kwazulu-Natal Law Society and the Durban and the Pietermaritzburg Master of the High Court offices. She also serves on the Estates Complaints Committee, a committee also established by the Kwazulu-Natal Law Society to deal with complaints against fellow attorneys in respect of deceased estate issues.

Simon Watson

Simon graduated from the University of KwaZulu-Natal, Pietermaritzburg with an LL.B. in 2006 and with an LL.M. in Commercial Law in 2009. After joining Cox Yeats in 2010 as an associate he was appointed a partner in 2013.

Simon practices in the Commercial & Natural Resources Law Team and his focus is on commercial law and commercial litigation. He has experience in advising on and drafting deeds of trust, managing commercial and corporate transactions and high profile disputes involving company restructures.

Simon is the author of Commentary and Precedents for Partnerships and Joint Ventures in Butterworth Forms and Precedents Volume 3. He is also the co-author of the LexisNexis online product Practical Guidance to Corporate Governance which covers practical issues relating to corporate governance in South Africa including items of relevance to directors, senior management, shareholders and legal advisors.

Keren Watson

Keren obtained her LL.B. summa cum laude from the University of KwaZulu-Natal, Pietermaritzburg in 2006.

Keren joined Cox Yeats in 2011 and was appointed partner in 2013. She practises in the Commercial & Natural Resources Law Team where her experience lies in drafting and negotiating commercial agreements and memoranda of incorporation, assisting clients with corporate restructuring, assisting with issues in relation to trusts including family, employee and community trusts and giving presentations and providing advice on consumer protection law, company law and general business law issues.

Keren is the author of the LexisNexis publications: A Practical Guide to the Companies Act and Butterworths Forms and Precedents: Companies Volumes 1 and 2. She is co-author of Butterworths Forms and Precedents: Companies Volume 3 and of the LexisNexis online product Practical Guidance: Corporate Governance.

Jenna Padoa

Jenna obtained her LL.B. summa cum laude and her LL.M. cum laude from the University of KwaZulu-Natal, Durban in 2010. After completing her articles at a local law firm in 2012, she went on to join a leading multinational FMCG company in South Africa as an Internal Legal Counsel.

Jenna joined Cox Yeats in June 2013, was appointed a partner in 2016, and practises in the Commercial & Natural Resources Law Team.
Jenna is experienced in a broad range of commercial legal work, including company law, trust law, mining and environmental law and consumer protection law.

Spencer Cason

Spencer graduated with an LL.B. from the University of KwaZulu-Natal in 2012 after having matriculated at Westville Boys’ High School.
His experience includes general commercial work, including the drafting of agreements and dispute resolution. He has a keen interest in estate planning and trust matters.

Spencer completed his articles at a respected local law firm in 2014. He joined Cox Yeats in January 2016 as an Associate in the Commercial & Natural Resources Law Team.

 
Trusts, Wills and Estates. Table of contents.

  • The role of an inter vivos trust in preserving wealth
  • How are inter vivos trusts regulated
  • How to form an inter vivos trust
  • Trustees of an inter vivos trust
  • How to amend the trust deed of an inter vivos trust
  • Trusts created on death
  • Charitable trusts
  • Termination of a trust
  • The role of donations in managing and distributing wealth
  • How to make donations
  • The role of the will in estate planning
  • How to make a will
  • Drafting the will
  • Executors
  • Estate duty
  • Capital Gains Tax
  • Claims against the estate
  • Debtors of the estate
  • Heirs and legatees
  • Assets of the estate
  • Liabilities of the estate
  • Administration expenses and taxes
  • Cash flow in the estate
  • Distribution
  • Redistribution agreements
  • Income and expenditure after date of death
  • Remaining balance
  • Liquidation and distribution account
  • How to deal with fiduciary assets
  • Discharge of the executor

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