The Importance Of A Last Will And Testament
This is a subject that is sometimes avoided, but unfortunately it can have negative consequences for the loved ones that a person leaves behind when he/she dies if attention is not paid to drawing up a proper Will. Why should you have a Will? A Will offers peace of mind on several levels: it ensures […]
Notaries: What Are They And Why Do We Need Them?
In the intricate tapestry of legal processes, Notaries in South Africa stand as guardians of authenticity, entrusted with the solemn duty of ensuring the integrity and validity of certain specialised legal documents. Rooted in tradition and endowed with significant responsibility, the office of a Notary holds a position of paramount importance in both historical context […]
What Happens Should I Die Without Leaving A Will?
If a person dies and leaves an estate (assets and liabilities) which cannot be divided in terms of a Will, the Intestate Succession Act, 81 of 1987 comes into force and the division of the estate takes place in terms of the provisions of the Act. The perception exists that the Intestate Succession Act only […]
Understanding Voetstoots
It is common practice to include a voetstoots clause in a sale agreement, whether for movable or immovable property. Often sellers are under the wrong impression that this clause is a blanket indemnity against anything that is wrong with the sale item. On the other hand, purchasers don’t realise their duty to thoroughly inspect the […]
Landmark Constitutional Court Ruling Changes Effect Of Marriages Out Of Community Of Property In South Africa
EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others[2023] ZACC 32 On 10 October 2023, the Constitutional Court delivered a groundbreaking judgment in two separate cases that both challenged the constitutionality of section 7(3) of the Divorce Act, 70 of 1979. Section 7(3) of the Divorce Act […]
Dysfunction At Master’s Offices
Representatives of the Law Society of South Africa (LSSA) recently addressed Parliament’s Justice and Correctional Services Portfolio Committee on the chaos existing at the various Masters’ offices spread throughout the country. LSSA’s Hussani Goga told committee members that the Masters’ offices were not functioning as it should for a number of years and that the […]
