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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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40
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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59
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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633
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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645
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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687
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
32
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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59
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
63
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
40
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
59
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
633
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
645
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
687
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
32
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
59
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
63
Article
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Filter: Trust
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

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225
Article
Can donations tax be payable on a sale of property?

13 October 2015

I recently established a trust. I want to sell one of my properties to the trust by way of an... interest-free loan with the trust owing me the purchase price of the property. However, I was advised that such an interest-free loan may give rise to donations tax. Is this so? Is there any way to avoid this?

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212
Article
Should I be nervous when dealing with a trust?

06 August 2015

I was recently made an offer to sell my business. I was not really planning on selling but the offer... sounded interesting. However, when I received the proposed offer I noticed the purchaser was a trust. I don’t know much about trusts and it made me nervous that a trust was involved as I’ve heard stories about having to be careful when dealing with a trust. Is this true, or am I being overly cautious?

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245
Article
The abuse of trusts in case of divorce: know your rights!

15 June 2015

Trusts are more and more being actively used for estate planning purposes, but the percentage of divorces are also increasing... annually. Protect yourself by being wary of the abuse of discretionary trusts in divorces and by analysing your position and acting as quickly as possible - before it is too late....

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361
Article
Removal of a trustee who is unwilling to resign

02 June 2014

A trust is a structure into which cash or assets (“trust property”) are transferred by the founder of the trust... and which trust property is administered by the trustees on behalf of one or more beneficiaries in accordance with the trust deed. As administrators of the trust property, it is extremely important that the trustees work together and act in the best interest of the trust beneficiaries and execute their duties as required by the Trust Property Control Act (”Act”) and the Master of the High Court (“the Master”). The question which arises is what options are available if a trustee does not execute his mandate in the best interest of the trust beneficiaries but is unwilling to resign as a trustee?

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234
Article
Nuwe strandhuis: In my naam of die familie trust?

22 November 2013

Die vakansietyd is om die draai en Adriaan wil graag ‘n strandhuis koop. Hy wil hoofsaaklik die vakansiewoning as ‘n... langtermynbelegging hou en dit aan ander vakansiegangers uitverhuur ten einde ‘n ekstra inkomste te verdien. Hy het dit ook goedgedink om die strandhuis by sy dood aan sy seun te bemaak terwyl sy vrou die huurinkomste daarop verdien. Adriaan is egter een van vele kopers wat die volgende vraag op sy lippe het:  In welke entiteit moet ek my vakansiewoning koop?

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251
Article
Ways to reduce your Trust’s Loan Account

25 July 2013

There are a number of benefits to placing assets in a trust for estate planning purposes. These advantages include, among... others potential estate duty benefits as well the future protection of assets. These assets are often transferred into a trust with the parallel creation of a loan account in favour of the transferor. These loan accounts can be reduced during the transferor’s lifetime in a number of ways.

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335
Article
The powers of trustees in the conclusion of agreements with third parties

25 July 2013

Your property is in the market and you are approached by a prospective purchaser wishing to purchase your property on... behalf of a trust of which he represents himself to be a trustee. The purchaser has the financing in place and it appears that all is a ‘go’ for the conclusion of the sale. However, to what extent must you ensure that the trustee is in fact authorised to conclude the sale and cannot afterwards claim a lack of authority in order to withdraw from the transaction.

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234
Article
Using a Trust as an estate planning tool

25 July 2013

Death eventually knocks on everyone’s door. This certainty necessitates proper estate planning to ensure that when the time comes you... are not anxious as to whether sufficient provision has been made for your loved ones after you are gone. In this article, we briefly explore some of the main benefits as well as concerns in using a trust as a specific tool for your estate planning purposes. Estate planning is aimed at protecting and preserving one’s assets not only during one’s lifetime, but also thereafter. In order to obtain some of the benefits that are associated with using a trust as an estate planning tool, it is important that the trust is correctly set up and complies with the essential requirements of the Trust Property Control Act.

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276
Article
The In’s and Out’s of an Antenuptial Contract

20 May 2013

Susan and James are on the verge of getting married. For both it is their second marriage and both have... learnt the importance of reaching agreement as to the regulation of their matrimonial property at the start of the marriage. Accordingly, they have decided to marry out of community of property and to regulate their marriage and individual estates through an antenuptial contract. However, they are still concerned about how to protect existing assets and the inheritances of their children from their previous marriages. Can all of this be regulated in their antenuptial agreement?

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361
Article
Checked your life insurance recently? Find out why you should!

27 September 2012

Life changes happen regularly and unannounced and often one is so pre-occupied with surviving these changes that you forget the... long-term implications they can have. One oft neglegted item, is the regular reviewing of the beneficiaries of your life insurance policy, particularly after a life changing event such as death, divorce or birth has occurred. The insurance policy, intended to protect and support the future of family and dependants, may, because of neglect in this regard, result in unanticipated and even unwanted consequences for your family and dependants after you are gone and unable to ‘correct’ the mistake.

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247
Article
Mindshift and trusts: Obtain good advice!

21 August 2012

The word trust is often used quite loosely and in a variety of contexts. In this article we deal with... the correct approach to considering the inclusion of a trust as part of your family’s estate planning. The type of trust discussed is accordingly a typical discretionary trust. In such a trust the trustees are the owners of the trust assets and manage such on behalf of the beneficiaries and can, in their discretion, decide whether beneficiaries should receive benefits or not. Most family trusts are such discretionary trusts. But where do I start with the decision of whether a trust or even a further trust should be included in my estate planning? Answer these selfhelp questions and decide for yourself whether you are ready for a trust or not. The first step to good planning is to decide whether a mindshift is not maybe required.

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234
Article

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