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Looking for a Wills Attorney in Durban?


A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death. At Common Law, an instrument disposing of Personal Property was called a "testament," whereas a will disposed of real property. Over time the distinction has disappeared so that a will, sometimes called a "last will and testament," disposes of both real and personal property.

If a person does not leave a will, or the will is declared invalid, the person will have died intestate, resulting in the distribution of the estate according to the laws of Descent and Distribution of the state in which the person resided. Because of the importance of a will, the law requires it to have certain elements to be valid. Apart from these elements, a will may be ruled invalid if the testator made the will as the result of undue influence, fraud, or mistake. Wills Attorney in Durban.

A will serves a variety of important purposes. It enables a person to select his heirs rather than allowing the state laws of descent and distribution to choose the heirs, who, although blood relatives, might be people the testator dislikes or with whom he is unacquainted. A will allows a person to decide which individual could best serve as the executor of his estate, distributing the property fairly to the beneficiaries while protecting their interests, rather than allowing a court to appoint a stranger to serve as administrator. A will safeguards a person's right to select an individual to serve as guardian to raise his young children in the event of his death.

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Some states have statutes that recognize certain kinds of wills that are executed with less formality than ordinary wills, but only when the wills are made under circumstances that reduce the possibility of fraud. Wills Attorney in Durban.

Holographic Wills A holographic will is completely written and signed in the handwriting of the testator, such as a letter that specifically discusses his intended distribution of the estate after his death. Many states do not recognize the validity of holographic wills, and those that do require that the formalities of execution be followed.

Nuncupative Wills A nuncupative will is an oral will. Most states do not recognize the validity of such wills because of the greater likelihood of fraud, but those that do impose certain requirements. The will must be made during the testator's last sickness or in expectation of imminent death. The testator must indicate to the witnesses that he wants them to witness his oral will. Such a will can dispose of only personal, not real, property. Wills Attorney in Durban.

Soldiers' and Sailors' Wills Several states have laws that relax the execution requirements for wills made by soldiers and sailors while on active military duty or at sea. In these situations a testator's oral or handwritten will is capable of passing personal property. Where such wills are recognized, statutes often stipulate that they are valid for only a certain period of time after the testator has left the service. In other instances, however, the will remains valid.

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Anthony Wilton Inc

In 2021, Anthony Wilton Inc entered a commercial agreement with SA Online (division lawyers-online.co.za started by Jean-Pierre Murray-Kline) as their primary service provider. This arrangement supports access to legal services with a focus on technology and trends.

 

About Us

Professional Legal Services


We believe that by transferring our legal knowledge through efficient application we can provide our client’s with professional legal services.

We believe that by utilising and maximising the innovative systems currently in place at Anthony Wilton, Thinane Inc we are able to create workable solutions for all our client’s needs and requirements.

We believe in having close and transparent relationships with our client’s from the outset to final closure of a matter.

We believe in working as a cohesive unit and our staff compliment is therefore carefully selected based on their individual experience, strengths, character and work ethic.

We aim to always deliver services to our full potential in order for our client’s to benefit as value for money is always of paramount importance.

 

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Child Custody Lawyer


A child custody lawyer works with child custody cases and acts in the best interest of the child. Child custody cases are complex and need careful assistance from professionals. Change is difficult, and where children are involved, change can be extremely traumatic. It is vital to ensure that whatever changes and outcomes are concluded serve the best interests of the child at all times. Whether it is a dispute of divorce, abuse, or guardianship a child custody lawyer will evaluate what circumstances work in favour of the child’s over all well-being. Child custody matters are governed by the Children’s Act and family law, and the regulations therein must be adhered to when a child’s fate is decided in terms of custody issues. Emotional sensitivity is often at the forefront of child custody matters and experienced child custody lawyers know how to handle sensitive situations while also acting in the best interest of the child.

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Anthony Wilton Inc

In 2021, Anthony Wilton Inc entered a commercial agreement with SA Online (division lawyers-online.co.za started by Jean-Pierre Murray-Kline) as their primary service provider. This arrangement supports access to legal services with a focus on technology and trends.

 

About Us

Professional Legal Services


We believe that by transferring our legal knowledge through efficient application we can provide our client’s with professional legal services.

We believe that by utilising and maximising the innovative systems currently in place at Anthony Wilton, Thinane Inc we are able to create workable solutions for all our client’s needs and requirements.

We believe in having close and transparent relationships with our client’s from the outset to final closure of a matter.

We believe in working as a cohesive unit and our staff compliment is therefore carefully selected based on their individual experience, strengths, character and work ethic.

We aim to always deliver services to our full potential in order for our client’s to benefit as value for money is always of paramount importance.

 

Get legal help now!

Book an E-Consult Online