Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 07 – 2021

INAPPROPRIATE ASSISTANCE TO DRAFT CLIENT’S WILL
Ditmar and Others v Lotter NO and Others (5296 / 2020) [2021] ZAWCHC 41 (5 March 2021)

Bequeathing assets to heirs is a very emotional and important act for any individual. If the testator suffers from an illness such as dementia, when is the last moment that he could still dictate his wishes? The judgment tells a story in which it appears that a longstanding financial advisor of a deceased person had assisted him with his will and financial planning in a way to benefit himself. Apart from instinctive disapproval of such conduct, the other consequence is an invalid will. The judgment is a reminder of how important it is to get proper and timely assistance with drafting your will.

The Judgment

Summary of the Judgment

 

For the best legal advice and personalised service, let's talk
Subscribe to our monthly newsletters, subscribe