Life Partnerships, sometimes referred to as common law marriages, are not recognized as a legal relationship by South African law. These types of relationships involve the same sentimental ideas as a marriage would have, however they do not share the same legal consequences. Life partnerships usually refer to people who, regardless of gender, live together...Read More
“This case yet again demonstrates the need to be careful when dealing with a trust” (extract from judgment below) For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust. But no matter why or how it happens, have your lawyer...Read More
As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do? Sometimes it makes sense to apply for the debtor’s sequestration (just...Read More
“Let’s choose executors and talk of wills” (Shakespeare) If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions – 1.“I’m too young to need a...Read More
Effective 1 March 2017, section 7C put a stop to the well-used technique of shifting value to trusts using interest-free orlow interest loan accounts, which pegged the value of the asset transferred, thus avoiding estate duty on future asset growth. Section 7C deems interest to accumulate on the difference between the interest charged and the official...Read More
A Supreme Court of Appeal (SCA) decision below illustrates how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with as much detail as is needed for certainty. A multi-million Rand fight over trust assets A divorcing couple had married and divorced three times. They had in respect of...Read More
A Supreme Court of Appeal (SCA) decision below illustrates how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with as much detail as is needed for certainty. A multi-million Rand fight over trust assets A divorcing couple had married and divorced three times. They had in respect of...Read More
If your aging parents have asked you for help with making decisions as to their personal welfare, financial affairs, medical treatment and so on, asking them to sign a power of attorney in your favour may be the answer. Just be aware that it is only a temporary solution. Let’s firstly distinguish between the two types...Read More
If your aging parents have asked you for help with making decisions as to their personal welfare, financial affairs, medical treatment and so on, asking them to sign a power of attorney in your favour may be the answer. Just be aware that it is only a temporary solution. Let’s firstly distinguish between the two types...Read More
You leave your precious car for a wax and polish at a car wash, and a thief steals it. Can you sue the car wash for the value of your car? A case in point In a matter before the Supreme Court of Appeal, a car owner had left his vehicle (keys inside) at a...Read More
