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 […]

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 written notice of intent to cancel the bond to […]

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 […]

The importance of executing a Will the right way

I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, my attorney emailed the will to me with clear instructions as to how I should go about signing it. I asked my neighbours to act and sign as witnesses. […]

Navigating the real estate market: Tips for buyers

Understanding the real estate market is crucial when buying or selling a property. The market’s current favour, whether for buyers or sellers, significantly impacts your decisions and strategies. Buyers’ market: When the real estate market leans towards buyers, it signifies that there’s an abundance of properties available for sale compared to the number of active buyers […]

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 […]

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 Estate […]

Reduce the pain of downscaling: Investing in a holiday home as a retiree

The decision to move out of a large residence in favour of a smaller or less expensive property, also known as down-scaling, is often viewed as a last resort in the face of mounting financial pressure.  However, for many retirees, the decision to downscale is driven by the prospect of greater freedom. As one gets […]

Selling a property with defects: What you need to know

The purchaser signs an agreement of sale with the seller. The property is transferred into the purchaser’s name. A month later, there is heavy rainfall and they realise that the roof is leaking. Is the seller liable to repair the roof or the purchaser, as the new owner? To understand which party is liable, one […]

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 […]