Best Elder Law Lawyers in South Africa

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

AJ Kempen Incorporated
Pretoria, South Africa

Founded in 2008
English
AJ Kempen Incorporated stands out in the South African legal landscape as a renowned law firm with a deep-rooted commitment to delivering exceptional legal services. With decades of combined legal experience across its team, the firm offers comprehensive counsel in various areas of law, including...
O'Hagan Attorneys
Johannesburg, South Africa

Founded in 2007
English
O'Hagan Attorneys, established in 2007, is a boutique law firm in South Africa renowned for its comprehensive legal services and personalized client care. The firm offers expertise in areas such as antenuptial contracts, cohabitation agreements, conveyancing, deceased estate administration,...
Hegarty Attorneys Incorporated
Kimberley, South Africa

Founded in 2013
50 people in their team
Afrikaans
English
Hegarty Attorneys Inc. was founded in 2013 to provide a dynamic service with a difference. We pride ourselves on making the law accessible and easy to understand for everybody.We treat our clients like family and take particular care to ascertain what their needs are and how we can cater to them...
Geniv Wulz Attorneys Incorporated
Midrand, South Africa

Founded in 2005
English
Geniv Wulz Attorneys Incorporated, established in 2005 and located in Midrand, Johannesburg, has built a distinguished reputation for professionalism, integrity, and legal excellence. The firm specializes in family law, offering comprehensive services that address the unique needs and priorities of...

Founded in 2012
English
Watson Attorneys Cape Town is a distinguished legal firm with a focus on property law matters, renowned for delivering exceptional expertise across a broad spectrum of property-related services in South Africa. The firm’s practice areas encompass conveyancing, estate planning, commercial and...
NORDIEN LAW
Cape Town, South Africa

Founded in 2014
10 people in their team
Afrikaans
English
ABOUT USNordien Law is a boutique law firm conveniently located in Milnerton along Cape Town’s scenic West Coast.We are passionate about what we do and offer peace of mind to every client through the delivery of optimum legal services.No client is too large or too small. Whether a...
Botha Attorneys/ Babuelli
Kroonstad, South Africa

Founded in 2001
English
Botha Attorneys, established in 2001 and rebranded under the leadership of Dawn Botha in 2015, is a distinguished South African law firm specializing in the drafting of wills, administration of estates, and conveyancing. The firm has rapidly gained recognition for its exceptional service and...
Bill Tolken Hendrikse
Cape Town, South Africa

Founded in 1961
English
Established in 1961, Bill Tolken Hendrikse Inc. has grown into a prominent legal firm based in Bellville, Cape Town. With a team of 10 attorneys and over 35 staff members, the firm offers a comprehensive range of legal services, including estate planning, family law, and general practice. The...
Christo Smith Attorneys Inc.
Johannesburg, South Africa

Founded in 1989
English
Christo Smith Attorneys Inc., based in South Africa, stands out for its comprehensive legal expertise, particularly in divorce law, estate planning, and family law. They are well-recognized for their nuanced understanding of the legal landscape, offering personalized solutions that address the...
SD Law
Johannesburg, South Africa

Founded in 2011
10 people in their team
Afrikaans
English
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in...
AS SEEN ON

South Africa Elder Law Legal Questions answered by Lawyers

Browse our 5 legal questions about Elder Law in South Africa and the lawyer answers, or ask your own questions for free.

Brother change my mothers will and i was her caretaker and was the only one that works with the money
Will & Testament
Elder Law
I can share my professional opinion with you.You can contact me on WhatsApp: +38970704335Regards,
I looked after my mom and she gave me a portion of her investment money
Estate Planning
Elder Law
Family
Civil Litigation
As a property lawyer at SJ Law Experts, G-11 Markaz, Islamabad, when asked about a situation where you looked after your mother and she gave you a portion of her investment money, the appropriate legal response would depend on various factors such as the intent behind the transaction, the documentation (or lack thereof), and the jurisdiction you're operating in. Here's an overview of how to approach this situation: Gift vs. Loan: It's important to clarify whether the transfer of money was intended as a gift or a loan. If your mother gave you a portion of her investment money as a gift, then no repayment is required, and it would typically be treated as a personal gift. In many jurisdictions, gifts between family members are not subject to taxation, although some exceptions may apply based on the amount or local laws.Documentation: If the money transfer was intended to be a gift, it would be beneficial to have documentation that clearly states the intention behind the transfer. Even if it was informal, a written statement or a letter from your mother confirming that the money was a gift can help avoid any misunderstandings in the future, particularly in case of disputes or inheritance issues.Inheritance Concerns: If the investment money was transferred as part of an inheritance arrangement, it might be important to document the transaction to ensure there are no legal issues later, such as claims by other family members. In some jurisdictions, large transfers of money from parents to children could potentially be seen as an advance on inheritance, which could affect the distribution of the estate after your mother's passing.Tax Implications: Depending on the jurisdiction, there may be tax implications for receiving a large sum of money, even if it’s a gift. You should consult with a tax professional to understand any potential gift taxes or reporting requirements.Property and Investments: If the investment money is related to property or other assets, ensure that any transaction related to the investment is properly documented and complies with local property laws. This includes checking if any property titles need to be transferred or if any legal processes are required to reflect the transfer of money or assets.In summary, the appropriate answer would clarify the nature of the transfer (whether it was a gift or loan), ensure proper documentation to avoid disputes, and consider any tax or inheritance implications depending on local laws. If you're uncertain, consulting with a legal or tax professional would be advisable to ensure compliance with relevant laws and regulations.For detailed discussion and more information please do contact us at +92 335 411 2288 (SJ Law Experts, G-11 Markaz, Islamabad). Thank you
Will
Will & Testament
Elder Law
Good morning,You provide very limited facts, however:If your father was married to the other woman in community of property, she in any event receives 50% of everything.If your father left a will, she will still get the 50% and the remaining 50% will be divided according to the will.If your father did not leave a will, he died intestate. His wife will then get most of the estate if not everything.

About Elder Law in South Africa

Elder Law in South Africa is a specialized area of law that focuses on the legal needs of older individuals. It covers various aspects such as estate planning, healthcare, long-term care, retirement benefits, and guardianship. The primary goal of Elder Law is to protect the rights and interests of the elderly population.

Why You May Need a Lawyer

You may need a lawyer specializing in Elder Law in South Africa for various reasons, including:

  • Creating or updating a will
  • Applying for government benefits
  • Planning for long-term care
  • Resolving disputes with family members over guardianship or inheritance

Local Laws Overview

Key aspects of local laws relevant to Elder Law in South Africa include:

  • The Older Persons Act, which aims to promote and protect the rights of older individuals
  • The Mental Health Care Act, which addresses issues related to mental capacity and decision-making for older persons
  • The Maintenance of Surviving Spouses Act, which outlines the rights of surviving spouses in relation to inheritance

Frequently Asked Questions

What age qualifies as “elderly” in South Africa?

In South Africa, individuals aged 60 and above are generally considered elderly.

Can I change my will if I become incapacitated?

If you become incapacitated, you may not be able to change your will. It is important to plan ahead and consider options such as creating a living will or appointing a power of attorney.

Can I challenge a will if I believe it was made under undue influence?

Yes, you can challenge a will if you believe it was made under undue influence. It is advisable to seek legal advice to understand the process and requirements for challenging a will.

How can I ensure my healthcare wishes are followed if I become incapacitated?

You can create an advance healthcare directive or appoint a healthcare proxy to ensure your healthcare wishes are followed if you become incapacitated.

What government benefits are available for elderly individuals in South Africa?

Elderly individuals in South Africa may be eligible for benefits such as old age grants, disability grants, and social pensions. It is advisable to consult with a lawyer or government agency to determine eligibility.

How can I protect my assets and plan for long-term care in my old age?

You can protect your assets and plan for long-term care by creating a comprehensive estate plan, including a will, trust, and power of attorney. Consulting with an Elder Law attorney can help you navigate the complexities of asset protection and long-term care planning.

What role does a guardian play in Elder Law in South Africa?

A guardian may be appointed to make decisions on behalf of an elderly individual who is incapacitated or unable to make decisions for themselves. The guardian’s role is to act in the best interests of the elderly person and ensure their rights are protected.

How are disputes over guardianship or inheritance resolved in South Africa?

Disputes over guardianship or inheritance in South Africa may be resolved through mediation, arbitration, or litigation in court. It is advisable to seek legal advice to understand the options available and determine the best course of action.

What are the legal requirements for creating a valid will in South Africa?

To create a valid will in South Africa, certain legal requirements must be met, including being of sound mind, signing the will in the presence of witnesses, and ensuring the will is properly executed. Consulting with an Elder Law attorney can help ensure your will is legally valid.

Where can I find additional information and resources on Elder Law in South Africa?

You can find additional information and resources on Elder Law in South Africa from governmental bodies such as the Department of Social Development, as well as organizations like the South African Older Persons Forum. Consulting with a local Elder Law attorney can also provide valuable insights and guidance.

Additional Resources

For more information and resources on Elder Law in South Africa, you can visit the Department of Social Development website (www.dsd.gov.za) or contact the South African Older Persons Forum (www.saopf.org.za).

Next Steps

If you require legal assistance in Elder Law in South Africa, it is advisable to consult with a qualified Elder Law attorney who can provide personalized guidance and support. An attorney can help you navigate the legal complexities and ensure your rights and interests are protected. Take the first step towards seeking legal advice by contacting a reputable Elder Law firm in your area.

Lawzana helps you find the best lawyers and law firms in South Africa through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Elder Law, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.