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What happens when your final wishes aren't legally binding? Attorney Charl Du Plessis pulls back the curtain on the high-stakes world of will execution in this eye-opening conversation about estate planning essentials.

Most people don't realize that seemingly minor technical errors can completely invalidate a will. Charl walks us through shocking real-world examples where small oversights led to devastating consequences - like a will deemed invalid because of a 13-centimeter gap between text and signature, or when a commissioner signed in their capacity as an attorney rather than explicitly as a commissioner of oaths. These technicalities might seem trivial, but they've forced families into protracted legal battles costing hundreds of thousands of rand.

The discussion takes an unexpected turn when Charl reveals the Roman-Dutch legal principle that prevents someone from inheriting if they caused the testator's death - even negligently. He shares the astonishing story of the De Wett case where a wife who arranged for her husband to be "confined to a wheelchair" (but was instead killed) tried to claim she should still inherit. This principle extends to accidental deaths too, potentially preventing a spouse from inheriting if they caused a fatal car accident through negligence - unless your will specifically allows for it.

Beyond the legal formalities, Charl offers practical guidance on protecting your family during the lengthy estate administration process, emphasizing the importance of including maintenance provisions to support dependents while estates are being settled. His insights underscore why professional estate planning isn't just about distributing assets - it's about ensuring your final intentions will actually be honored. Ready to take control of your legacy? Start by understanding the critical legal foundations that make your will truly valid.

Contact Charl on:
Charl Du Plessis

Charl du Plessis Attorneys Inc. | charl@marclaw.co.za | +27 83 292 1418 |www.marclaw.co.za

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