Newsletter 43 (Mar 2020)
We have officially entered autumn season on 20 March and the landscapes are slowly changing into its beautiful autumn colours. At the same time, we are experiencing the effect which the coronavirus has on our daily living and the inevitable behavioural changes that must take place. It is a fact that this is a very serious worldwide disease, but the good news is that even this pandemic will eventually be curbed and pass, just like the seasons that come and go. It may get much worse before it gets better, but we live with the hope that it will pass soon. In the meantime, we can adapt to sustainable changes in the way we take care of personal hygiene and change out behaviour during this perilous time.
There is no shortage on information regarding the new coronavirus, but there is also a lot of misinformation and myths about the disease. Check the South African Coronavirus page https://sacoronavirus.co.za/
and the Centers of Disease Control’s coronavirus page https://www.cdc.gov/coronavirus/2019-ncov/index.html
for up to date information regarding Covid-19.
Basically follow the standard recommendations to prevent the spread of Covid-19, which include frequent cleaning of hands using an alcohol-based hand rub or soap and water, covering the nose and mouth with a flexed elbow or disposable tissue when coughing or sneezing and avoiding close contact with anyone that has a fever or cough, especially if they already tested positive for the virus. Physical contact should be minimized as far as possible by keeping a safe distance from each other.
To effectively wash hands, have a look at the guideline for the proper washing of hands at the following link: https://www.cdc.gov/handwashing/when-how-handwashing.html
Time for an update on the front runners in the 2020 EFBOE Competition!
Paul Louw is still hanging on by a thread in the lead with 25.80 points.
Carl Lock hot on his hills with 24.00 points.
Lanie van Wyk rushing in with 23.20 points.
Arend de Waal and Luciano Benade jointly in fourth position with 20.60 points
It is still an open playing field with eight months to go! This is anybody’s game!
“It is easier to build strong children, than to repair broken adults.”
Childline Gauteng has been on the forefront of protecting vulnerable children and promoting children’s rights since 1987. Their focus is to ensure that vulnerable, abused, traumatized and neglected children are safe, healed and more resilient as this is fundamentally necessary to enable them to reach their true potential.
They offer a unique holistic basket of free services 24/7, 365 days, providing support to hundreds of thousands of children and their families, whose human rights have been compromised and are beset with violent, psycho-social and economic challenges.
Childline Gauteng is registered with SARS as a PBO which allows them to issue Section 18A certificates for donations made to their organization.
Read more about Childline Gauteng at www.childlinegauteng.co.za
WHAT HAPPENS TO COMPANY SHARES WHEN A SHAREHOLDER DIES?
Read more about this in the next edition.
WHAT PLAN SHOULD BE IN PLACE FOR A MINOR CHILD TO INHERIT?
A minor child is someone under the age of 18 years. South African law determines that minor children cannot enter into contracts without the consent of their legal guardian. A legal guardian can be either a parent or a court appointed guardian. When a child reaches the age of 18 years, they cease to be a minor. This limit underage children to inherit assets while they are still minors. The dilemma with assets for children who are underage is who will look after and manage the assets which they stand to inherit.
Main sources: https://www.phinc.co.za/NewsResources/NewsArticle.aspx?ArticleID=2255
DRUMHEADS MADE FROM HUMAN SKIN
The most effective way to protect the inheritance of minors, is to set up a trust. This can be done by creating an inter vivos trust while still alive, or a testamentary trust, also known as a mortis causa trust, established in terms of a Will. The process for establishing these trusts may differ slightly, but the outcome is still the same: Ultimately the goal is to enable the appointed trustees to administer the minors’ inheritance to their best interests.
A trust can own property, receive donations and inherit money from an estate. By planning and providing for a trust to protect the interests of the minors, decisions are taken by the appointed trustees. Choosing trustees should therefore be considered carefully. However, the actions of the trustees are also regulated by law and they are required to always act in the best interests of the beneficiaries. The trust must be managed in accordance with the law and the provisions of the trust deed, which can be defined by the benefactor.
Some people think a testamentary trust is not necessary and would argue that they trust their family to look after their children and to do the right thing. History has proven time and time again that many a head has been turned when money is involved. It is dangerous not to provide for a trust for minors whom stand to inherit from an estate. This is regulated by law and no intervention of family members can change that. If no provision for a trust is made, the inheritance will be paid over to the government’s Guardian’s Fund which falls under the administration of the Master of the High Courts. The Guardian’s Fund administers funds which are paid into their account. In very rare instances will they accept assets because it would be very difficult for them to manage assets. Therefore, assets are mostly sold and converted into cash.
Guardians of minors can claim maintenance, medical fees, lodging and any other costs which can be motivated by the guardian. This can be a time-consuming endeavour however, and dependent on the availability of officials that must deal with numerous claims. The advantage of creating a trust is that it provides for trustees to be appointed who are directly responsible for the wellbeing of the beneficiaries and have their interests foremost in mind.
The option of trusts and trustees should be discussed when estate planning is done or reviewed.
EFBOE manages testamentary trusts by Will as nominated trustee, co-trustee or agent for the trustee only. EFBOE in general no longer cater for inter vivos trusts and will only consider the creation and administration of inter vivos trusts on a case by case basis.
As an American super-patriot, Soloman Sanborn of Medford, was very proud of the part that his state of Massachusetts played in the Revolutionary war in the 1700’s.
To enforce this pride of his, he stipulated that his skin be tanned and used to make two drumheads. The one had to be inscribed by the Declaration of independence and the other with the Pope’s Universal Prayer.
The drums were to be given to a friend who was a local drummer. The condition was that he had to promise to go to Bunker Hill at dawn on every year on the 17th of June and drum out the tune to “Yankee Doodle Dandy” to celebrate the anniversary of the famous revolutionary battle.
He donated the rest of his body to be turned into fertilizer to contribute to the growth of an American elm, to be planted in some rural access road.
Quite the passionate guy!
Until next time!
The “Let’s Talk EFBOE” Team