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Chamonie Buys
Lighthouse Trust and Corporate Trust Administration Chamonie Buys
At the moment a level of uncertainty surrounds Trusts, this is due to SARS  clamping down on the compliance, use, management and administration of Trusts. The continued existence of a Trust as an entity which can be used for wealth preservation, legacy planning, risk management and estate planning purposes is not at risk.  That’s a...
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Is your consent required when your spouse makes a donation to a third party?
Is your consent required when your spouse makes a donation to a third party? In a recent judgement by the Supreme Court of Appeal (on 25 March 2020), the court was asked to consider the question of whether or not the consent of a spouse was required when her husband, to whom she was married...
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How to execute a last will and testament validly during lockdown In these unprecedented times, we are helping our clients to prepare or update their Wills. o Consulting with the client electronically and drafting the Will are fairly straightforward processes. However, some challenges lie in the valid execution of the Will under lockdown regulations. The...
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Be attentive to aspects of your will “Every new beginning comes from some other beginning’s end.”  – Seneca As the new year gains momentum (much quicker than some of us would like) and we consider our new year’s resolutions (some of which we may already have broken), there isn’t a better time to ensure that...
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The founder of your trust We are often faced with the predicament in which trustees of an existing trust find themselves when they want to amend the Deed of Trust and the Deed stipulates that the Founder/Settlor/Donor, whilst alive, must be a party to the agreement to amend. There is a tendency amongst companies which...
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Interpreting your Will General Info It is not only essential that the contents of a Will are understood by the reader, but (most importantly) that it is not misunderstood.  Ambiguity must be avoided by the draftsman and all possible interpretations should be considered to ensure clarity in what the testators’ wishes are. Similarly, all possible...
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A Trust will not come into existence if the sole Trustee of the Trust is also the sole Beneficiary of the Trust at the time when the Trust is established. In Groeschke v Trustee, Groeschke Family Trust (2013(3) SA 254 (GSJ), the court pointed out, however, that if a Trust is validly registered, and at...
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Often, we come across a stipulation in a Trust Deed to the effect that a trustee’s office shall be vacated if majority of the other trustees request him/her to resign or a stipulation to the effect that the trustees, office shall be vacated if he/she is removed as trustee by majority of the other trustees....
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Being capable of making decisions regarding one’s personal affairs and assets forms an integral part of our day-to-day lives. If, however, a person is diagnosed with a severe or profound intellectual disability, the law no longer attaches consequences to the decisions made by such person.  In practical terms this means that the person cannot dispose...
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A Trust is a separate legal entity, but it is not a legal persona or a juristic person per se. When trading in a Trust or when applying for a loan from a financial institution, though, you should be mindful of the provisions of the Consumer Protection Act and the National Credit Act. The Consumer Protection...
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Victoria Country Club Estate
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170 Peter Brown Drive, Montrose
Pietermaritzburg, 3201