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AED Attorneys blog

Live, love, laugh, and leave a legacy

Stephen Covey
There are more than 800 cryptocurrencies that you can use to make purchases online, send money to friends and family, or get paid for your work. But what happens to your wallet when you pass away? As cryptocurrency grows in popularity, you need to make sure you bring these into your estate planning, make a […]
When your brother asked you if he could name you as the guardian of his newborn, you felt proud and excited beyond words.  But have you considered what it actually means in terms of our law to be a guardian? If you are named as the legal guardian of your brother’s children in his will, […]
When you become a parent, you automatically have the obligation to look after the child, as set out in article 27(2) of the Convention on the Rights of the Child (1989). This is known as “a common law duty” and is set out in more detail in Section 15(3)(a) of the Maintenance Act (99 of […]
The English noun “probate” derives directly from the Latin verb probare, which means to try, test, prove, or examine.  In legal terms, probate is the process completed when someone leaves assets to distribute after their death, such as possessions, real estate, bank accounts and financial investments. Probate is the general administration of a deceased person’s […]
For those unfamiliar with the process, estate planning seems like “just another difficult and arduous legal procedure”. The thought of distributing your property when you are no longer there, is difficult to imagine. There is an easy way to ensure that even the most complex inheritance documents translate accurately and are represented as intended: A […]
Many people are concerned that they may be liable for their spouse’s debts if the spouse dies and the liabilities of their estate exceed the assets. The short answer is no: heirs do not inherit the debt. If the estate is insolvent all the assets of the estate become liquidated and divided among the creditors. […]
The word “trust” in a legal sense, originated from the Latin word fiducia, meaning “confidence, courage, security”, and also translates to “pledge” or “guarantee” which indicates a concrete sign of commitment. The Latin word fides, means “faith, conviction, belief” which is more of a reliance without guarantees. This makes us wonder if it could be […]
Will Your Unborn Child Be Covered In Terms Of Your Will? Thinking about the future well-being of your children and grandchildren once you are gone, can be frightening. To give you peace of mind, it is important to ensure that your children and/or grandchildren are protected and provided for in a last will and testament. […]
Burial, Cremation and Aquamation – The Difference Explained What are the options of dealing with end-of-life arrangements? What is the difference between burial and cremation? How should one make a decision when faced with these choices? In this article, we look at the pros and cons of each option and what they mean in terms […]
What is Usufruct, Bare Dominium, Usus, Habitatio and their Differences? In South Africa we have 11 official languages but this helps little when it comes to legal terms! People are often not sure what the meaning is of Latin words such as Dominium, Usufruct, Usus and Habitatio. Usufruct, Usus and Habitatio are known as “personal […]