At the heart of your estate planning is your will (“Last Will and Testament”). Without it, you lose your right to choose your heirs, to choose the executor of your…
For decades, South African law used the husband’s legal home at the time of marriage to decide which country’s law governed a couple’s financial and property rights when they had…
In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg.…
Home security cameras are increasingly common, but protecting your property does not give you an unrestricted right to monitor your neighbours. A dispute between Cape Town neighbours has clarified where…
When a sale falls through, most people assume restitution means simply giving back the money and the property. A recent High Court decision shows it is rarely that straightforward, particularly…
When a trust's founder dies, families often assume that whatever they said they wanted will be honoured, even if the trust deed was never changed to reflect it. A recent…
Paying rent under a residential lease does not automatically make you a consumer under the Consumer Protection Act. A recent Supreme Court of Appeal decision shows that the real question…
The “Whistleblower’s Act”, formally known as the Protected Disclosures Act, encourages employees to expose corruption, criminal activity and other wrongdoing in the workplace. But what protections does the Act actually…
A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction. A recent High Court judgment shows how an unclear cancellation notice and…
A dementia diagnosis affects far more than memory. As mental capacity declines, families are often confronted with difficult legal and financial decisions. Many are surprised to learn that a Power…
“All’s fair in love and war, but not in business.” (Modern twist on the old proverb) Your business is flying after years of hard work and personal sacrifice. Suddenly, your…
Trusts remain a valuable estate planning and asset protection tool, but they also carry ongoing compliance obligations. Many trustees assume that a dormant trust with no income, assets, or activity…
“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs…
“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all…
“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee…
Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours. Not so…
The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on…
Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line? A 2023 Labour Court…
Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks…
Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act. If you don’t, you could lose your loan entirely,…