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Expert Insight
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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COVID-19 Business Rescue: Does your business need time to plan and restructure? In these uncertain times you, as a stressed businessperson, may need time to draw a breath and understand the challenges your business is faced with, take advice and plan. This may be difficult whilst having to concurrently meet all your business obligations and...
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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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Historic Judgment favours black women married in apartheid era A recent decision of the Durban High Court has made a ground-breaking judgment for black marriages concluded before 1988, ruling that all marriages prior to this date will automatically be recognized and declared as marriages in community of property. The former Black Administration Act (‘the Act’),...
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Right of pre-emption in a shareholder agreement vs provision in the will The right of pre-emption is a contractual arrangement, usually between shareholders, granting each other the right to acquire each other’s shares. A question posed to us recently was, what happens upon death where the agreement does not specifically provide that the pre-emptive rights...
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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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Offshore Trusts – Trustees and a cautionary “poem” An offshore trust can be a very effective way to manage and protect investments and family wealth. Such trusts are often established in low or zero tax jurisdiction such as Mauritius, jersey, guernsey or the isle of man. A properly established and compliant offshore trust may not...
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lighthouse trust and corporate
Can I appoint my spouse as the Executor of my Estate? There is a lot of miss-information adrift in the public domain on this issue, as it appears that many clients are of the view that they cannot appoint their spouse as the Executor of their Will. The above view seems to be founded on...
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Victoria Country Club Estate
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