The death of a loved one brings about an extremely difficult time for the close family and friends of the deceased as aside from grieving, the stress of winding up the estate brings added burden. When a person dies, an executor is appointed by the Master of the High Court, and this executor is the...Read More

As attorneys winding up deceased estates we often come across these issues all too often which is yet another reason why it is so important to ensure your Will is up to date. I was recently asked by a client to advise on the legal consequences of his “common law marriage”. His “wife” of 15 years...Read More

Introduction The National Assembly recently passed the Recognition of Customary Marriages Amendment Bill, which has fundamental financial implications regarding customary marriages in South Africa. The draft bill seeks to amend certain provisions of the Recognition of Customary Marriages Act (the Act) and bring the provisions of the Act in line with the Constitutional Court ruling...Read More

Historic Judgment favours black women married in apartheid era A recent decision of the Durban High Court has made a ground-breaking judgment for black marriages concluded before 1988, ruling that all marriages prior to this date will automatically be recognized and declared as marriages in community of property. The former Black Administration Act (‘the Act’),...Read More

Right of pre-emption in a shareholder agreement vs provision in the will The right of pre-emption is a contractual arrangement, usually between shareholders, granting each other the right to acquire each other’s shares. A question posed to us recently was, what happens upon death where the agreement does not specifically provide that the pre-emptive rights...Read More

How to stop vital evidence being destroyed You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard drives full of incriminating information. You fear that if they...Read More

How to stop vital evidence being destroyed You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard drives full of incriminating information. You fear that if they...Read More

Unlawful Occupiers: Eviction is possible, but neither quick nor easy “Buy land” said Mark Twain, “they’re not making it anymore.” With the first green shoots of a property market recovery supposedly now showing through perhaps this is indeed the time to take his advice. Just be sure, if the property you have your eye on...Read More

Unlawful Occupiers: Eviction is possible, but neither quick nor easy “Buy land” said Mark Twain, “they’re not making it anymore.” With the first green shoots of a property market recovery supposedly now showing through perhaps this is indeed the time to take his advice. Just be sure, if the property you have your eye on...Read More

Can your bank take your money without permission? A recent High Court decision has settled the knotty question of whether your bank can take money it holds for you in one account to cover your debt to it in another, without your permission and without notice to you. Firstly, what is “set-off”? To understand how...Read More