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ANTENUPTIAL CONTRACTS

ANTENUPTIAL CONTRACTS There are so many things to consider before getting married that couples often forget to consider the legal aspects of their new life before saying “I do”. An essential pre-wedding task should be a consultation with a Notary regarding the proposed matrimonial property system that will apply to your marriage.  In South Africa

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FICA AND PROOF OF RESIDENCE

FICA AND PROOF OF RESIDENCE – WHAT DOCUMENTS ARE ACCEPTABLE? Taking out a cell-phone contract, opening a bank account, applying for finance or renewing your driver’s license are just some of the many instances that require proof of residence. We often think that financial institutions and government departments enjoy making us jump through hoops in

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What happens if I die without a will?

What happens if I die without a will? Contrary to popular belief – if you die without a will in South Africa, your assets will not go to the State. Only in cases where a deceased is not survived by any relative will his/her estate devolve upon the State. If you die without a will,

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Requirements for a Valid Will

Requirements for a Valid Will What is said hereunder is not meant to be a comprehensive guide on wills. A will is a specialized document, which should preferably be drawn up by an expert like an attorney, trust company etc. The information is merely to inform the user of this site about some basic aspects

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Notarial Bonds

Notarial Bonds A friend of mine is going through some financial difficulties and asked me to lend him R80 000. I want to help him out but, I am worried that I won’t ever see my money again. What can I do to protect myself and make sure I see my money again? We all know

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WHAT IS A NOTARY PUBLIC?

WHAT IS A NOTARY PUBLIC? A Notary or Notary Public is a specialist admitted attorney. In order to make an application to be admitted as a Notary by the High Court of South Africa, you must: 1. Be admitted as an attorney; and 2. Have passed the practical examination in respect of the practice, functions

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SOCIAL MEDIA AND THE LAW

SOCIAL MEDIA AND THE LAW In our ever changing society no one can deny that social media has become the most effective and immediate way of conveying information. There is now over one billion people using Facebook on a daily basis worldwide and over five hundred million registered Twitter accounts. There are however pitfalls that

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Legislation Update: New Road Regulations

Legislation Update: New Road Regulations “Transport Minister spokesperson Ishmael Mnisi confirmed to BusinessTech when South African motorists can expect to see the Department of Transport’s big proposed road regulations implemented. The first of these regulations will come into effect from 11 May 2017 and will prohibit bakkie drivers from both transporting children in the back

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DIVORCE 101 – DETERMINING THE ESTATE (PART 1)

DIVORCE 101 – DETERMINING THE ESTATE (PART 1) One of the most contentious issues in a divorce is the nature and extent of assets which the parties own. Whether the parties are married in community of property and have a joint estate, or are married out of community of property and have separate estates, determining

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SECTIONAL TITLES: SPECIAL LEVIES

SECTIONAL TITLES: SPECIAL LEVIES What is a special levy for? Is it really necessary? What if I can’t afford to pay? If you are an owner of a sectional title unit these may be some of the questions you or someone you know has asked. No one likes unexpected expenses and special levies is no

Consumer Protection Act and Gift Vouchers

Consumer Protection Act and Gift Vouchers It is the week before Christmas, you thought you had enough time but now you are frantically looking for the perfect Christmas gift for your family, friends and colleagues. You realise you are running out of options and most likely patience too so, you opt for the good old

LEGISLATION: UPDATE TO SECTIONAL TITLES ACT

LEGISLATION: UPDATE TO SECTIONAL TITLES ACT With the Sectional Title Schemes Management Act (STSMA) and Community Services Ombuds Service Act (CSOSA) coming into effect in October 2016, the sectional title property industry needs to be geared up to implement the new changes.   The long awaited legislation is aimed at streamlining the management of sectional

FAQ: Administration of Deceased Estates

FAQ: Administration of Deceased Estates What is a deceased estate? A deceased estate comes into existence when a person dies and leaves property or a document which is a will. A deceased estate consists of all assets and liabilities of a person at the date of death.   What is the administration of an estate?

Maintenance – The Basics

Maintenance – The Basics It is the legal obligation of both biological parents of a child to pay maintenance.  Whether born in or out of wedlock, a parent cannot escape their obligation to bear the cost for the proper living and upbringing of their child. Maintenance covers the financial expenses of a child who is

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FAMILY MATTERS: UNOPPOSED DIVORCES

FAMILY MATTERS: UNOPPOSED DIVORCES Although the process in South Africa is reasonably simple, getting divorced can weigh down on you not only emotionally but financially too. Fortunately, the divorce doesn’t have to be as expensive as the wedding. A consultation with an attorney is the first step you will take. An attorney will explain the

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“Domicilium Citandi Et Executandi”

“Domicilium Citandi Et Executandi” Have you ever signed a contract with a clause that is headed “DOMICILIUM CITANDI ET EXECUTANDI” and not had a clue what it actually means and what implications it may have? Entering into a contract can often be overwhelming especially with the legal terminology and rules surrounding the content of the contract. A

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TIPS ON CHOOSING A DOMICILIUM ADDRESS

TIPS ON CHOOSING A DOMICILIUM ADDRESS Now that you know what a domicilium address is, here is our advice on choosing an address: Choose the address where you are permanently living.  If you do not have a permanent residence choose your attorney’s or accountant’s business address and ensure it’s marked for the specific attention of

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YOUR WILL – PITFALLS TO AVOID

YOUR WILL – PITFALLS TO AVOID Not having a properly drafted and executed will could have undesirable consequences on the loved ones you leave behind.  A few important points to bear in mind when drafting a will: 1. Stick to the Law This is the biggest pitfall many people encounter with template or self-drawn wills.If

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HISTORICAL RATES

HISTORICAL RATES   City of Tshwane Metropolitan Municipality v PJ Mitchell All you need to know… The Supreme Court of Appeal (SCA) held that a municipality may in terms of Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 hold a present owner of a property liable for amounts owing incurred by