Deceased Estates
Reporting an estate? Master’s Office? Executor’s fees? Estate Duty? These are some of the terms that are associated with reporting and administering the estate of a deceased person. After losing a loved one, many find it difficult to come to terms with finalising and...
Sibling Showdown: How One Missing Word in a Will Divided a Family
“From small mistakes come great catastrophes.” (Justin Cronin) We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings over a poorly-drafted will confirms once again that when it comes to...
When Can You Legally Record Conversations?
“Big Brother is watching you.” (George Orwell) Your smartphone lets you record just about anything, anywhere, and at any time. Your laptop and other devices can automatically record online meetings. Technology enabling voice and/or video recording is all-pervasive,...
Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward
“This sale agreement is no more! It has ceased to be! This is an EX-sale!” (With apologies to Monty Python) A “bond clause” – standard in most property sale agreements – typically provides that the whole sale depends on the buyer obtaining a mortgage bond by a...
Divorce and the New Three-Pot System: Another Risk To Manage
“Divorce is the one human tragedy that reduces everything to cash.” (Rita Mae Brown) How will the new “Three-Pot Retirement System” (often referred to as a “Two-Pot System”) affect financial arrangements on divorce? Retirement savings can amount to a significant...
The Garage Door That Had the Complex Up in Arms
“Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically become a member of its management body: either a Homeowners Association (“HOA”) if your property is...
It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?
“Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there are regulatory and law enforcement bodies to whom suspicious practices by...
Divorce Diaries: Anti-Dissipation Orders in Action
“Love is grand. Divorce is a hundred grand.” (Anon) In the boiler room that is the divorce court, it’s common to hear accusations and counter-accusations of one spouse disposing of or concealing marital assets to hide them from the other spouse. The good news is that...
Sour Grapes? Don’t Make Accusations Unless They’re True
“I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you genuinely believe it to be true. To escape...
Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!
“[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgment below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix of large money...