Can you change your marital regime after marriage?
A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital regime can provide parties with greater financial flexibility and protection. Understanding marital regimes In South Africa, there are three main marital regimes: In community of property: This is the default […]
This is what happens to your assets if you die without a will in place
Life is unpredictable, and while we don’t like to dwell on it, death can come without warning. With this uncertainty, it’s essential to ensure you have a solid plan for your assets, ensuring they reach the hands of those you hold dear. Having a will isn’t only about old age, it’s a proactive step you […]
Estate planning in South Africa: Essential questions answered
Estate planning is a critical part of financial planning, yet it often gets overlooked. This process involves drafting a will, assigning assets to beneficiaries, and understanding how a deceased estate will be administered. To shed light on this topic, here are answers to some frequently asked questions about estate planning that might assist in helping […]
The ABCs of lease agreements in South Africa
Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear expectations and protecting the interests of both landlords and tenants. Whether you’re a seasoned property manager, a first-time landlord, or a prospective tenant, understanding the nuances of these contracts […]
The importance of witnesses when signing a will
I gave instructions to my attorney to prepare a Will for me as my most recent Will no longer reflected my wishes. My attorney emailed the Will to me with clear instructions as to how I should go about signing the Will. I asked my neighbours to act and sign as witnesses. My neighbours signed the Will on all the pages and […]
Fraud: Remedies available to defrauded parties
Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the strength of another’s representation in order to commit some or other act. Such an innocent party may have acted to their detriment if the representation was fraudulent. The innocent […]
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944.
Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of the Magistrates Court Act reads as follows: “45. Jurisdiction by consent of parties. (1) Subject to the provisions of section […]
Will-stipulated purchase option: Are there transfer duty impacts?
Any person drawing up a last will and testament, and who intends to include an option to purchase any of their properties, should be aware of the transfer duty implications such provision might bring forth. This article intends on discussing the beforementioned implications at the hands of the case of Secretary for Inland Revenue v […]
Celebrating our silver decade
It’s our birthday! Today we are so thankful and excited to share our 10th birthday with you, our loyal clients. It’s because of our relationship that we are here bringing out the silver streamers. Looking back on our journey, it fills us with great satisfaction to see how far we’ve come. Since 2013, we have […]
Tips for a cosy and secure winter wedding
A winter wedding holds a unique charm, offering the opportunity to embrace the season’s enchantment and create a memorable celebration. From creating a cosy ambience to ensuring the security of your future, there are various aspects to consider when planning your winter wedding. Here are four tips to make your winter wedding truly magical, while […]