Can a Testator Disinherit Their Surviving Spouse?
The Maintenance of Surviving Spouses Act 27 of 1990 permits surviving spouses to seek maintenance from the deceased spouse’s estate upon the marriage ending due to death. This claim lasts until the survivor’s death or remarriage and factors in estate value, the survivor’s financial circumstances, marriage duration, living standards, and age. It is widely recognised […]
Neighbourly Disputes: Legal Solutions in South Africa
Disputes with neighbours can be challenging, often requiring tactful and legal approaches to resolve them effectively. In South Africa, these disputes can range from noise complaints to boundary issues. Understanding the legal avenues available can help in resolving these matters amicably and lawfully. Here, we explore three common scenarios and their legal resolutions. Scenario 1: […]
Understanding Mortgage Bond Cancellation: Key Steps and Considerations
In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This procedure is intricate, consisting of several critical steps: Step 1: Notice of cancellation Initially, the property owner must submit a notice of intent to cancel the bond to the […]
The Intent to Revoke a Last Will and Testament
The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire to revoke their will and draft a new one. However, the court found that the necessary intent to revoke was absent, emphasising the importance of complying with the Wills […]
Helping you during a tough time
Managing a deceased estate can feel overwhelming, like a puzzle with too many pieces. At CMM Attorneys, we’re here to simplify this process, offering clear guidance and support to lighten your load during a tough time. Dealing with wills is more than just paperwork for us at CMM Attorneys. We help make sense of the […]
Address Your Property Law Needs Effectively
Navigating the world of property law can be a bit daunting, but with CMM Attorneys, you have a knowledgeable ally on your side. Understanding property law is crucial, as it encompasses all assets forming part of a person’s estate, including ownership, possession, and various rights. Our expertise in this domain bridges the gap between the […]
Legal vs. Constructive Eviction: What Every Landlord Must Know
In the framework of South African law, tenants enjoy a substantial degree of protection. However, landlords retain the right to legally evict tenants under certain conditions. A tenant who breaches their lease agreement may be evicted for reasons including, but not limited to, rental arrears, refusal to leave post-lease expiration, illegal activities on the premises, […]
When is it worthwhile to pursue litigation in South Africa?
Litigation can be a complex and costly process, requiring time, resources, and a thorough understanding of the legal system. For individuals and businesses in South Africa facing legal disputes, the decision to pursue litigation should not be taken lightly. In this article, we explore when it is worthwhile to pursue litigation. How strong is your […]
Can foreign judgments be enforced in South Africa?
A judgment granted by a foreign court is not directly enforceable in South Africa but constitutes a prima facie proof of debt (the clearest possible proof of debt). One would still need to institute an action from the South African court based on the foreign judgment. The Enforcement of Foreign Civil Judgments Act 32 of […]
Factors to consider before negotiating your home loan’s interest rate
As interest rates continue to rise, many homeowners find themselves contemplating the idea of fixing their home loan interest rates. Initially, when the interest rate hike began after the historically low rates experienced in 2020, experts advised against fixing rates. However, the landscape has evolved since then, and the decision to fix your interest rate […]