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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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3
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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3
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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2
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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3
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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3
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
3
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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37
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
38
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
3
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
3
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
2
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
3
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
3
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
3
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
37
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
38
Article
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Filter: Estate Planning
Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that... they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

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289
Article
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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217
Article
Is an unsigned electronic will valid?

09 November 2015

My father recently passed away. His will was drafted by a financial planner who e-mailed the final draft to him,... but which he never signed. We found the email with the will attached but no further correspondence or documentation between the financial planner and my father regarding the content of the will or his wishes. Is this will valid?

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331
Article
Can I inherit if not formally adopted?

13 October 2015

I have been raised as the only child by parents who are not my biological parents. Although I regard them... as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die I will lose the possessions that they do have. Will I be able to inherit from them when they pass away?

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191
Article
Be wise and review your will regularly

16 July 2015

I have a will which my wife and I had jointly drawn up by a friend just after we were... married. I think the will is still ok, but I am not sure. We have three children now and I’m worried what will happen to them should my wife and I pass away or even be divorced. Should I let someone have a look at my will?

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229
Article
Is there digital life after death? Providing for virtual assets in your digital estate

21 November 2014

It’s the year 2016 and the majority of our world citizens today live digitally through online social media platforms, gaming... environments, websites, chat rooms, shopping sites and more. The growth of our digital world also gives rise to new questions of law relating to your digital ‘assets’. What will happen to my online gaming profile, Facebook account, online banking account etc. upon my death? The reality is that these digital assets also need administering and what happens to your Facebook, online banking and other accounts, may in fact, be up to you.

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203
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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323
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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263
Article
Last chance to transfer your property tax free. But act quickly!

22 November 2012

Recent amendments to the Income Tax Act have made it possible to transfer residential property from a legal entity (trust,... company or close corporation) to an individual, without paying transfer duty, capital gains tax, dividends tax or secondary tax on companies. However the deadline for making use of this tax amnesty is 31 December 2012. Have you missed the window of opportunity or can you still make it before the end of the year?

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279
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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235
Article
What to know before tying the knot

21 August 2012

The big day is looming. There are a hundred and one arrangements to be taken care of, honeymoon travel plans,... living arrangements, not even to mention the always controversial table plan at the wedding reception! But what am I forgetting? Why do I have that nagging feeling that I’m missing something?

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204
Article
Getting married? Consider the accrual system

21 August 2012

The wedding is round the corner, the dress is finally done, the suit decided on and the flower arrangements settled.... Now for the last item on my list – make an appointment with a lawyer and find out about this ‘ANC’ and accrual system everyone keeps telling me about?

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151
Article

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