What is the difference between heirs and legatees?
Schwenn Inc
by Jessica Schwenn
2y ago
An individual whom someone’s inheritance is devolved upon. These can be natural people o juristic persons.   An Heir: Is someone who inherits the entire or part if the inheritance. The Testator can name as many heirs as he/she deems fit.   A Legatee: Someone who inherits specific or determinable assets or amount of money, these are usually those who are nominated in a will.   Main differences: Legatees are always paid out first; and Heirs are obliged to collate (unless specifically stated otherwise).   The post What is the difference between heirs and legatees? appeared f ..read more
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Children and their consent to medical procedures  
Schwenn Inc
by Jessica Schwenn
2y ago
Medical procedures are seen as great violations to a person’s physical self and it is law that before a medical professional acts that they get the patients informed consent.   Children as young as 12 years old can give valid consent if they are found to be competent and informed about the procedure. To be informed means that they understand the benefits, risks, and other implications of the procedure.   A child under 12 years old or a child not psychologically competent would need the consent of their parent or guardian.   In certain situations, the medical superintendent of a ..read more
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JEWISH MARRIAGE AND DIVORCE
Schwenn Inc
by Jessica Schwenn
2y ago
In Judaism there are usually four main reasons for a marriage: Companionship and commitment to another. It is seen as the completion of a person and their happiness. Procreation; and The legitimate expression of sexuality. Marriage in the Jewish tradition is done by betrothal and the completion of a marriage. The act of betrothal can be done by way of money, deed, or cohabitation.   If it is through money it is done in the presence of two witnesses whereby the groom gives the bride what is usually a ring and makes a declaration whereby the bride must accept, this is followed by consumma ..read more
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THE POPI ACT AND OUR BUSINESS
Schwenn Inc
by Jessica Schwenn
3y ago
Dear Sir/Madam   To all of our clients, we would like to share that we take your confidentiality and your privacy seriously. With the POPI Act coming into effect from today, 1 July 2021, we would like to confirm your consent to continue sending our communication.     We understand that many of us are bombarded with all sorts of information on a daily basis, but we would never intend to provide unnecessary information to you. Our hope is to provide you with educational articles and other information relating to our firm.     There is no need to respond to this communica ..read more
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Commonly asked questions from our clients during the will drafting process:
Schwenn Inc
by Jessica Schwenn
3y ago
Q: Why should we give you the Identity Numbers or dates of birth of our heirs? A: It can be hard to understand when it is your will and your family members why we would need their personal details but the most common reason for such is the time between when one drafts their will and when they pass away a lot can happen. Your family members could have moved or died themselves and most likely have become untraceable – when this happens the only way to trace them is through their ID numbers or date of birth. Its also important to note that the masters office doesn’t know you or your family and de ..read more
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BREAKING NEWS!!!
Schwenn Inc
by Jessica Schwenn
3y ago
Change can be difficult but without it we wouldn’t be able to learn to grow. A message from Jessica Schwenn: “It has officially been a year since I took over this firm, a year of doing my best to keep the legacy that was created going – even on the hardest days. When I took over the firm I had 10 employees working under me, some who have come and gone, many of which clients have noticed. Because of this as well as the hardening economic conditions that we as a society and a business were left with from COVID 19 it was a decision of mine to restructure the business. I have downscaled and I n ..read more
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Void and Voidable marriages.
Schwenn Inc
by Jessica Schwenn
3y ago
An engagement is the only valid basis for a marriage. It is two party’s willingness to enter marriage. What are some of the circumstances where the marriage can be considered void? These are known as material mistakes: The mistaken identity of a person – this usually does not happen as one sees their soon to be spouse at the wedding, but this can happen in the case of twins or doppelgangers. A mistake as to the act itself: this may be where the person does not know the ceremony is meant to be that of a marriage. Mistakes pertaining to personal characteristics do not result in a lack of conse ..read more
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Commonly asked questions from our clients during the will drafting process:
Schwenn Inc
by Jessica Schwenn
3y ago
Q: Why should we give you the Identity Numbers or dates of birth of our heirs? A: It can be hard to understand when it is your will and your family members why we would need their personal details but the most common reason for such is the time between when one drafts their will and when they pass away a lot can happen. Your family members could have moved or died themselves and most likely have become untraceable – when this happens the only way to trace them is through their ID numbers or date of birth. Its also important to note that the Master’s office doesn’t know you or your family and d ..read more
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THE MASTERS OFFICE AND OUR ESTATES DEPARTMENT
Schwenn Inc
by Jessica Schwenn
3y ago
Dear clients, As a firm we are understanding of your worries during this time regarding the masters offices and the estates matters held. Please note that we have a candidate attorney that goes to the masters offices almost everyday and as you can see from the lines below it is on most days almost impossible to get in. Once she gets in most of the staff are still working on a rotational system and are not in and when we try and consult with estate controllers we are advised that we are unable to due to the COVID 19 pandemic. We are then told whom to email and when we email they either do not a ..read more
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What makes a will valid according to the law of succession?
Schwenn Inc
by Jessica Schwenn
3y ago
A will is meant to be a voluntary and unilateral document which expresses the wishes of the Testator. The will usually contains three things: The bequeathed assets; The extent of interest bequeathed in the assets; and The identity of the beneficiaries who would inherit such assets. No will is valid however, unless it contains the following: The will MUST be signed by the Testator or by a person in the Testator’s presence and by his direction; If there is more than one page of the will, each page must be signed at the end by the Testator; The signature must be done in the presence of two or ..read more
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