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Expert Insight
What happens to a Domestic Worker when the Employer passes away? Many South Africans employ Domestic Workers but not many know what happens to the employment relationship upon death of the employer nor the cost implications thereof to their Estate. The Basic Conditions of Employment Act 75 of 1997 defines a domestic worker as an...
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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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The Importance of a Will It can be said that the most important document you may sign in your lifetime is a Will. The Wills Act 7 of 1953 sets out the requirements for a valid Will The following are requirements for a Valid Will: – The Testator (person who signs the Will), has to...
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What is Poor Work Performance? A Case of Missed Sales Targets An employee who fails to perform adequately at work is by definition not fulfilling his or her side of the employment bargain, but that doesn’t mean that dismissal is necessarily an appropriate remedy. Guidelines for dismissal The onus is on you as employer to...
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Property: Are Verbal Agreements Valid? Verbal agreements in South Africa are generally as binding and valid as written ones. Of course not recording your agreements in writing is a bad idea – oral agreements are a recipe for doubt and dispute, and proving the exact terms agreed on will be challenging if not impossible. Moreover...
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Your Will: What you can and can’t do Your will (“Last Will and Testament”) is quite possibly the most important document you will ever sign. Without a properly-executed will you put your loved ones at risk of financial and emotional hardship, you forfeit your right to nominate who administers your deceased estate, and most importantly...
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How to stop vital evidence being destroyed You suspect that someone you are suing (or about to sue) will destroy or hide vital evidence in their possession. Perhaps by shredding documents or deleting electronic records supporting your case, or perhaps by spiriting away computer hard drives full of incriminating information. You fear that if they...
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Unlawful Occupiers: Eviction is possible, but neither quick nor easy “Buy land” said Mark Twain, “they’re not making it anymore.” With the first green shoots of a property market recovery supposedly now showing through perhaps this is indeed the time to take his advice. Just be sure, if the property you have your eye on...
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Can your bank take your money without permission? A recent High Court decision has settled the knotty question of whether your bank can take money it holds for you in one account to cover your debt to it in another, without your permission and without notice to you. Firstly, what is “set-off”? To understand how...
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Warning: Property Email Scams Surging Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks” (Law Society of South Africa). Hence, no doubt, the...
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