Estate planning: Preparing for the digital afterlife
The emergence of digital ghosts on social media Social media platforms have become integral to our daily lives, but what happens to these digital profiles when a user passes away? Research by Carl J. Öhman, a doctoral candidate at the Oxford Internet Institute, sheds light on this evolving issue. Öhman’s study, titled “Are the Dead […]
Can you inherit from someone you have merely been living with?
In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue if either of the partners in the relationship dies without a will? Should a surviving partner in such a scenario have a claim for inheritance or maintenance from the […]
Is there a need for Sectional Ownership?
Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional ownership into a legal system. He states that these reasons or aims are similar worldwide and mean legislative recognition of the social, economic, and physiological needs of society. The need and demand for suitable residential […]
The NHI Bill: What to Know
Regardless of socioeconomic background, all South Africans will have access to high-quality medical care through the National Health Insurance institution, which finances healthcare. As a result, all South Africans would have free access to high-quality healthcare services at accredited institutions like clinics, hospitals, and private medical practitioners. On 12 June 2023, the National Assembly approved […]
Complex Living: Be Aware of the Hidden Costs
When considering the purchase of a unit within a complex, it’s crucial to look beyond the surface-level expenses such as the advertised levies. Without thorough research, potential buyers may find themselves facing unexpected financial burdens. The structure of sectional title schemes In sectional title schemes, you own your unit but share ownership of the property’s […]
Are You Using Your Residential Property for an Unauthorised or Illegal Purpose?
Residential homeowners must be aware of the judgment handed down by the Supreme Court of Appeal (SCA) in the case of the City of Johannesburg Metropolitan Municipality v Zibi (234/2020) [2021] ZASCA 97 (9 July 2021). The outcome of this case carries significant implications for residential homeowners who utilise their homes for commercial purposes without […]
Rouwkoop Clauses: What Is It and Is It Enforceable?
The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two parties is cancelled, whether unilaterally or by agreement, is that of restitution […]
The Dos and Don’ts for Landlords Regarding the Rental Housing Act
In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords play a crucial role in providing safe and comfortable homes for tenants. In South Africa, […]
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: […]