Exploring a potential property

Purchasing a home is one of the biggest decisions most people will make in their lives. It makes sense then that this endeavour should be approached with diligent consideration and care. While the necessary assistance of professionals, who will help you make the best decisions along the way, is highly advisable for this journey, there […]

The basics of creating a Last Will & Testament

Who your property is passed on to depends on whether you have a valid will or not. If you do have a valid will, then your property will be divided according to your wishes stated therein. If you die without a will (called “intestate”), then your property will be divided amongst your immediate family according […]

How do I terminate joint ownership without the co-operation of the other owner?

Nature of joint ownership: Joint owners own undivided shares in the property which they own jointly. Consequently, the joint owners cannot divide the joint property while the joint ownership remains in existence, and a joint owner also cannot alienate the property or a part thereof without the consent of the other joint owner. The rights […]

Your rights under POPI

The Protection of Personal Information Act was promulgated in 2013 and, for a long time, it was unclear when it would come into force. Now, the Act has become effective as of 1 July 2020. But what does this mean for you, and how will it change the status quo? First, it is important to […]

The full accrual of an estate during a divorce

The full accrual of an estate during a divorce In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that: “The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from Glacier […]

The National Health Insurance Bill

The National Health Insurance Bill was approved by Cabinet in 2017. The date for implementation of the NHI is 2025. The government formulated the National Health Insurance (NHI) in order to coordinate access to quality and affordable health care for all. The National Health Insurance will pay for health care for all South Africans and […]

Selling your property? How to stage your home

If you want to ensure that your property sells quickly, staging your home could help. If you stage your home, you are presenting it in the best possible light and condition, which will make it easier for potential purchasers to imagine themselves living there. So, how do you stage your home? Declutter your home When […]

Trustees’ duties and powers

All the powers of a trustee are ‘fiduciary’, which means that they must be exercised as follows: in the best interests of all the beneficiaries; only for the benefit of the beneficiaries and not for third parties; not for the trustees’ benefit, unless specifically authorised; and not to defeat the terms of the trust, but […]

The Economy and the Property Market in 2019

There is no doubt that 2018 was a very challenging year for both the economy and the property market. As 2019 is in full swing, you can’t help but wonder what challenges this year will hold for both the economy and the property market. In 2018, it was mainly business as usual, however, it is […]

Electronic signing of documentation

The commercial world is currently moving to greater levels of digitisation. Organisations are implementing automated and electronic solutions in an effort to improve efficiency and better the environmental footprint at the same time. The move to digitisation and electronic signatures prompted questions surrounding the legality of these documents. This article aims to highlight certain legal […]