Estate Living Digital Publication Issue 3 March 2015 | Page 37

INVESTMENT SAVVY

37

What’s my
Obligation ?
In many countries around the world,
there are forced heirship laws in place
that have evolved over many years
of custom before eventually being
legislated into law.
South Africa has no similar legislation
forcing one to leave all, or a portion of,
one’s estate to any designated group.
In theory, therefore, you are free to
bequeath your estate to whoever you
choose.

However, David Knott of Private Client
Trust, the fiduciary services division of
Private Client Holdings and a member
of the Fiduciary Institute of South
Africa, warns that this does not mean
that your entire estate will devolve
upon the named beneficiaries in
terms of your will, as there are certain
individuals who may well have a claim
against the estate. “Firstly, a parent is
obliged to maintain his minor children,
children suffering under a disability
and even major children in certain

circumstances. Although not that
common, this obligation to support
may even extend to parents and
other dependants of the deceased
who might have depended upon the
deceased for maintenance.”
According to K