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What documentation is needed for buying a property in South Africa?

You’ve scoured the web for what feels like weeks, and you’ve finally found your dream home! You’ve put in your offer, and it’s been accepted. But before you can pack

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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

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The current state of the rental market

While restaurants, shopping malls and beaches may look somewhat similar to what they did before the pandemic, nevermind lockdown regulations and social distancing protocols, the real estate rental market has not recovered quite as well as the consumer

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Non-resident sellers of immovable property

Section 35A of the Income Tax Act[1] came into effect on 1 September 2007 and sets out the capital gains tax consequences of the sale of immovable property situated in South

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Personal liability of directors of Non-profit Organisations

I am a director of an NPO. Can I be held liable in my personal capacity for damages caused by or debt incurred by the organisation? I thought that I was

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Know how to make the most out of home insurance

Home insurance is there to protect one of the most important assets you own. And when done properly, it will allow you to insure both the structure of your home and the life that is lived within its

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The rising popularity of sectional title ownership

Sectional titles have become a staple in the real estate industry over the past decades. And with all the benefits that come with it, it makes sense. Heightened security, lower insurance costs on buildings and

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NGL Attorneys Is POPIA Compliant!

Respecting and protecting your Personal Information is very important to us. Not only is this a Constitutional right, but it is a good business practice which we take very seriously.

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Buying a property in your 20s

The property market has been a more advantageous ground recently than it has been in the past few decades. Especially if you are a millennial, whose news feed keeps you updated on just about everything

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Buying or renting: Which is best?

The property market was labelled a buyer’s market for most of 2020. Even though the year proved to be disastrous in many respects, many factors were beneficial for property buyers. From the historically low interest rates and the adjustment of the

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Conflicts of interest in a deceased estate

The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or

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The benefits of honesty in house-hunting

Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers, companions, gurus, and partners to buyers, sellers, landlords and tenants alike. The strength

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The facts of property auctions

Buying and selling properties through auction has always been a staple of the real estate market. And to this day, it remains one of the best ways to purchase properties at bargain prices. Unfortunately, numerous misconceptions around properties that go up for auction also

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Can I amend my will?

Having a will is a final statement of how you want your assets to be managed after your death. However, sometimes you may want to change it. You may have

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Have you outgrown your current home?

Knowing when to move is not always as straight forward as one might think. At times, the need for a change is apparent and unavoidable, but other times, it grows over

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The validity of an Antenuptial Contract

John and Susan are getting married on the 5th of October 1993. They have chosen to get married by way of an Antenuptial Contract. John and Susan signed the contract on the

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A walk through the Deeds Office

The deeds office is a vastly complex and daunting system to master. It takes conveyancers years to fully understand not only the process of conveyancing but also the internal workings

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Living in a mixed-use building: What to look out for

Even before the pandemic changed the way we see our home and work environments, with many finding for the first time that these two could be the same place, centrally located accommodation had already

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Ensuring the well-being of the community

Finding the right home is not only about finding an architectural structure that meets your requirements (three bedrooms, sun in the afternoon, a yard for the dogs, access control for the kids, etc.). The

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How do our courts interpret wills and testaments?

A family member of yours recently passed on. They left a will in which you are named as a beneficiary, but it transpires that a few provisions in their will

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Demystifying “non-refundable deposits”, “rouwkoop” and “penalty clauses” in sale of property agreements

1. Non-refundable or forfeiture clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, sellers are under

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Investing in a rental property

Buying a rental property could be an incredible investment opportunity, however, it’s important to make a well-informed decision before investing, as it is not for everyone. Although investing in a

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Managing disputes over a deceased relative’s estate

If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary

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What’s next for the property market?

Many industries are piecing things back together again this year, as they try to recover from the effects of the pandemic or recreate themselves to remain relevant in a changing

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Marriage laws in South Africa are being renewed

Post-1994, the lawmakers in South Africa have attempted to be inclusive of religion and gender, by passing the Recognition of Customary Marriages Act 120 of 1998, allowing for the registration

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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

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How will the POPI Act affect the real estate industry?

On 1 July 2020, the enactment of the Protection of Personal Information Act (POPI Act) commenced, which will come into full effect on 1 July 2021. As its name states,

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How the repo rate affects your home loan

It was announced on 19 November 2020 that the national repo rate would remain unchanged at the historically low 3,5 %. While many were expecting an increase after a slightly

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What a good conveyancing attorney does for you

Since property transfers are some of the highest-value transactions that you may make in your lifetime, it naturally follows that you need to ensure that you don’t let your money go

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Intestate succession in life partnership relationships

On 28 September 2020, the Cape Town High Court handed down judgment in favour of Ms Bwanya directing that section 1(1) of the Intestate Succession Act 81 of 1987 (“the ISA”) is

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Is an e-will valid in South Africa?

In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to which deceased estates are reported),

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Is cybercrime punishable in South Africa

The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) and the Cybercrimes and Cybersecurity and Related Matters Bill (“the Bill”). Alongside these pieces of legislation exists the common law, as well as the

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Buying and selling: Avoid the potential nightmare

Buying a new home is always an adventure – but what if you’re still trying to bring a previous adventure to a close? Facilitating the transition of homeownership comes with an array of concerns that are unavoidable

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What is a Title Deed?

If you are planning to buy a new property, you will need to get the title deed transferred into your name to prove that you are the owner of the

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Fast forward your property transfer

Buying a house is a big decision, one in which the buyer will have invested numerous hours of research, planning and careful consideration. It makes sense then that a buyer would want their property transfer to

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Understanding the “Voetstoots” Clause

Most sale agreements of immovable property contain a clause in terms whereof the purchaser agrees to buy the property voetstoots. The voetstoots clause is a common law principle which stipulates

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Should I plan my estate as a young adult?

It is very important for you to plan your estate, which could include a living will, a last will and a living trust. This can help families prepare for difficult

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Casting the line in the right place

If you want to catch more fish, you cast a wider net. It’s simple logistics. But if we are talking about selling your property, the answer may be the exact opposite. While you do want the highest possible number

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What should a conveyancer do?

Conveyancing (or conveyance) is the legal term for the process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property and ensures that

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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

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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

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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

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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

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When does prescription of a debt start?

Debt does not last forever, after a period of time it prescribes and becomes invalid. Prescribed debt can be explained as old debt that has not been acknowledged over a

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Buying a property on auction

Properties sold on auction is not necessarily the bargain buy everyone seems to think it is. This is because the property on auction isn’t necessarily being sold due to financial

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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

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Pets in sectional title schemes

“Is it pet friendly?” A question often asked by many potential buyers and tenants of Sectional Title units, which answer, in most cases, is a crucial factor in their decision

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Moving regulations during the lockdown

We’ve all felt like it – the hairs on the back of your neck standing up, sure someone is keeping an eye on you, watching as you receive a DVD

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The threat of fake news to your business

The threat of fake news to your business In the digital age, information is everywhere. At the click of a button a message can travel across oceans in the time

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Room for improvement in the real estate industry

Room for improvement in the real estate industry The property market for 2020 initially proved to be a buyers’ market. Though with the rise of the COVID-19 pandemic and the

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Why an estate plan is crucial

Why an estate plan is crucial We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left

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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

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The benefits of creating a trust

The benefits of creating a trust Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether an inter vivos (between

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Socially distanced property viewings

Socially distanced property viewings The real estate industry has always been known for utilising the latest technologies available to bring buyers and sellers together. From announcements at Town Hall gatherings

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What’s next for struggling businesses?

What’s next for struggling businesses? South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and

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How is your property’s value being affected?

How is your property’s value being affected? Preparing a home that will soon enter the market is one of the first steps of the selling process. But these preparations, intended

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Demystifying the executor of a deceased estate

Demystifying the executor of a deceased estate During a person’s lifetime s/he will gather assets, in other words, belongings such as a house or a motor vehicle. These assets and

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Parental rights during the lockdown

Parental rights during the lockdown On 23 March 2020, President Cyril Ramaphosa announced a nationwide 21-day lockdown, which was extended by a further two weeks on 9 April 2020.On 30

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How to Find the perfect tenant

How to Find the perfect tenant The success or failure of your rental property will be determined by the tenant you choose to live in it. When a bad tenant

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Why is my property transfer taking so long?

Why is my property transfer taking so long? After signing a deed of sale, the purchasers often want to move into the property as soon as possible. When they are

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Post-lockdown property

Post-lockdown property At the end of the national lockdown, many South Africans will have gotten to know their properties better than the architects who designed them. For some, this time

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Lockdown tips: Simple steps to take control of your finances

Lockdown tips: Simple steps to take control of your finances The COVID-19 pandemic has spread across the globe and left economic destruction in its path. Now, more than ever, it

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Safeguard your children’s inheritance

Safeguard your children’s inheritance Ensuring their children are cared for when they pass away is one of the primary reasons people draw up a will. But what happens when the

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Parental rights in changing times

Parental rights in changing times When it comes to the structure of families, Bob Dylan described it adequately when he said, “the times they are a-changing’”. The liberation of sexual

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Is the real estate market catering to everyone?

Is the real estate market catering to everyone? Knowing who’s in the lead when it comes to the property market is difficult. The traditional progression used to be: Finish your

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Sectional title schemes: A developer’s obligations

Sectional title schemes: A developer’s obligations A developer who wishes to establish a sectional title scheme on a piece of land where there is an existing building, has certain statutory

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Co-realty in 2020

Co-realty in 2020 “…we may be about to see a shift of generational proportions toward [an]… array of real estate demands, ironically induced – at least partially – by technology.

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The effects of expropriation without compensation

The effects of expropriation without compensation For many whose homes are where their hearts are, the Draft Expropriation Bill, 2019, which seeks to legalise land expropriation without compensation, is proving to

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Clauses in Sale of Property agreements

Clauses in Sale of Property agreements The sale or purchase of a property is a very important transaction in one’s life. The parties to a Sale of Land Agreement will

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Red flags when buying property

Red flags when buying property You’ve found your dream home and you can’t be more excited, but there are few things to keep in mind before you sign the papers

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Freedom of defamation is not a thing

Freedom of defamation is not a thing It is correct that one has the right to freedom of expression, but it is important to remember that this right is limited.

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Estate Planning: Documents to live by

Estate Planning: Documents to live by If you can believe it, we are already at the end of January. With all the beginning-of-year struggles and excitement, there is something to

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Is an e-will valid in South Africa?

Is an e-will valid in South Africa? In terms of South African law, for a Will to be accepted as valid by the Master of the High Court (a statutory

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Your home away from home

Your home away from home Finding a holiday home isn’t as simple as choosing your favourite holiday spot and packing your bags. With the urge to buy a holiday home,

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Understanding mergers and acquisitions

Understanding mergers and acquisitions Mergers and Acquisitions (M&A) are a natural process of any business, although not all businesses go through this form of transition. Merging is when two companies

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Has your braai been approved?

Has your braai been approved? Every HOA has applicable building guidelines which are stipulated in a Constitution or Memorandum of Incorporation (“MOI”) which every homeowner should be made aware of,

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The validity of an e-will

The validity of an e-will In terms of South African law, for a will to be accepted as valid by the Master of the High Court (a statutory body to

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Methods of valuation

Methods of valuation A business valuation is a process whereby a value is placed on a business or a business unit, based on the historical and projected financial performance of

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Sectional title bliss

Sectional title bliss Where starter homes in quiet suburbs used to be the norm when it came to first buys for working professionals and young couples, it seems like J.G.

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Make the most of your rental property

Make the most of your rental property Investing in a property can be one of the best decisions you make. It is also one of the investments you need to

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What is a living Will?

A Living Will is a document regarding healthcare at the end of your life. It states that any treatment that would otherwise lengthen your life should be withheld in specific

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Shared titles, shared responsibility?

The case of Du Plooy and The Cascades Body Corporate and Another deals with a slip-and-fall incident by one of the owners in the scheme and member of the body

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Equal treatment for shareholders

Section 163 focuses specifically on the interest of minority shareholders. The protection of minority shareholders’ rights must be understood within the context of the provisions set forth by the Act,

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Looking for the perfect property?

For more than three-quarters of South Africa, renting a home is the answer to their residential needs. Many tenants, though, are falling into the cracks of the rental market due

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What is a company culture?

We all know that the term “culture” is defined as the values, practices and beliefs shared by members who form a part of the same group, but what does “company

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Can you deregister or terminate a trust?

There is no provision in the Trust Property Control Act, 1988 that requires the deregistration of trusts. However, this said, it does not mean that a trust can never be

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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

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Shareholders’ agreements 101

A shareholders’ agreement sets out how a private company should be operated and regulates the various shareholders’ rights and obligations. It is therefore important that a shareholders’ agreement be concluded

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Should you invest in student accommodation?

At South African universities and colleges, a massive gap exists between the demand for accommodation on campuses and the available spaces in the official residences. With more and more students

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How to become a successful real estate agent

You’ve chosen a career in real estate and cannot wait to get started, but you need to get your licence first. Now, what if we told you that getting your

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Muslim marriages: Is it recognised in South Africa?

All marriages entered in terms of Islamic law, are currently not recognised as valid marriages. For a valid marriage to be recognised in South Africa one must get married in

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What is important to your business?

Businesses, both big and small, are integrating corporate social responsibility (CSR) as part of their objectives and mission. This plays a key role in attracting and retaining employees, stakeholders, customers

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Tips for Investing in Property for Retirement

Have you ever wondered if real estate is a sound investment? Well, it certainly can be! There are people out there who have invested in real estate and created a

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Different types of home loans

In today’s economy, homebuyers often struggle to scrape together the money needed in order to buy their dream homes. Therefore, home loans have become so popular among prospective home buyers.

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How do our courts interpret Wills and Testaments?

It is trite that the law of succession aims to give effect to the wishes of the testator. Accordingly, when a person passes on and leaves a will or a

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Moving Out? What tenants need to do before moving out

We all know that moving can be stressful and time-consuming, but before you start packing your boxes, there are certain things that you need to keep in mind before move-in

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Sale of Property agreements: Types of clauses

Non-refundable or Forfeiture clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, sellers are under the

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Homeowner’s insurance for landlords

Apart from paying off a bond on a rental property, property investors/landlords are usually also paying for homeowner’s insurance. What is homeowner’s insurance? Homeowner’s insurance covers the property owner against

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Who will take care of your children after your death?

The Children’s Act, 38 of 2005 (hereinafter referred to as the Children’s Act) governs the laws relating to the care, contact and the protection of children. The guiding principle, in

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Matrimonial property regimes

My partner and I are getting married soon and have heard about the different matrimonial property regimes one can enter but I am not sure what the difference is and

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