A bequest to your divorced spouse in your will, which was made prior to your divorce, will not necessarily fall away after divorce. According to the Wills Act 7 of 1953, unless expressly stated otherwise, a bequest to your divorced spouse will be deemed to have been revoked should you die within three months of your...Continue Reading
“No one can confidently say that he will still be living tomorrow” (Euripides) We will all die. We have limited control over what will eventually kill us and when, but there is something that we can do now, whilst we are still physically and mentally capable of doing so, to express our wishes as to...Continue Reading
Life Partnerships, sometimes referred to as common law marriages, are not recognized as a legal relationship by South African law. These types of relationships involve the same sentimental ideas as a marriage would have, however they do not share the same legal consequences. Life partnerships usually refer to people who, regardless of gender, live together...Continue Reading
“This case yet again demonstrates the need to be careful when dealing with a trust” (extract from judgment below) For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust. But no matter why or how it happens, have your lawyer...Continue Reading
“Let’s choose executors and talk of wills” (Shakespeare) If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions – 1.“I’m too young to need a...Continue Reading
Effective 1 March 2017, section 7C put a stop to the well-used technique of shifting value to trusts using interest-free orlow interest loan accounts, which pegged the value of the asset transferred, thus avoiding estate duty on future asset growth. Section 7C deems interest to accumulate on the difference between the interest charged and the official...Continue Reading
A Supreme Court of Appeal (SCA) decision below illustrates how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with as much detail as is needed for certainty. A multi-million Rand fight over trust assets A divorcing couple had married and divorced three times. They had in respect of...Continue Reading
If your aging parents have asked you for help with making decisions as to their personal welfare, financial affairs, medical treatment and so on, asking them to sign a power of attorney in your favour may be the answer. Just be aware that it is only a temporary solution. Let’s firstly distinguish between the two types...Continue Reading
You leave your precious car for a wax and polish at a car wash, and a thief steals it. Can you sue the car wash for the value of your car? A case in point In a matter before the Supreme Court of Appeal, a car owner had left his vehicle (keys inside) at a...Continue Reading
“The Internet is a Real Place with Real Consequences” (Rebecca MacKinnon, Internet policy expert) We live in an age of online commerce. We buy and sell pretty much anything you can think of on the Internet, whilst contracting online for everything from an Uber ride to a plumber’s call out has become second nature. So...Continue Reading
12 Montrose Park Boulevard
Victoria Country Club Estate
Office Park
170 Peter Brown Drive, Montrose
Pietermaritzburg, 3201
KwaZulu-Natal
E: info@lhtc.co.za
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