Weekly Legal Tip, 9 December 2024
Property left vacant runs the risk of being vandalised, stripped bare by thieves or becoming invaded by illegal occupants. When selling or puchasing property, it is necessary that all parties work together to avoid a situation where the property will be left vacant and unattended (even for a day). Proper clauses regarding occupation or an […]
Legal Tip of the week, 18 November 2024
Intestate succession. What happens to your money and assets when you die without a will? It is a myth that your money goes to the government. There is a specific act called the Intestate Succession Act which determines in great detail who gets your possessions after your death. Basically, your closest family like wife and […]
The importance of safeguarding your property’s Title Deed
It is incredibly important to ensure that your title deed is kept in a safe, secure and dry location. The process for the replacement of a lost title deed entails an advertisement in a local publication where the property is situated which can be costly. The application and advert must then be handed in at […]
Weekly Legal Tip, 4 November 2024
How soon after signing the loan grant can a purchaser expect the bond registration attorney firm to be appointed? Each of the bank’s differ in this respect but on average the bank may take approximately 3 to 5 business days to allocated the instruction to their appointed panel attorney firm.
Weekly Legal Tip, 29 October 2024
When buying a property, it is worth the purchaser’s while to make specific enquiries regarding the municipal approved building plans (and sectional title plans in respect of sectional title units) to avoid nasty surprises later. Purchasers should ideally check to ensure that the municipal plans are up to date and filed with the municipality before […]
Elementor #1330
Reporting Deceased Estates – How and Where? How and where must the estate be reported? A deceased estates must be reported to the Master of the High Court, who has jurisdiction over the region in which the deceased was living. This is done by handing in the required forms and any will at the offices […]
Elementor #1323
When deciding out of which court to institute action, due consideration must be given to the monetary threshholds (limits) that each court has jurisdiction over: Small claims court: maximum R20 000.00 Magistrates District court: maximum R200 000.00 Magistrates Regional court: R200 000.01 to R400 000.00 High Court: R400 000.01 + Certain contracts contain clauses whereby parties agree to the jurisdiction […]
Weekly Legal Tip, 7 October 2024
Understanding partnerships / joint ventures: A Partnership or Joint Venture is a cost effective and flexible structure to pool the various resources and expertise of parties and to share the risk and liability of any business venture. a Partnership does not create a separate legal person and each partner is taxed on his or her […]
Weekly Legal Tip, 30 September 2024
Travelling abroad? A special or general Power of Attorney can be used to appoint a person to sign conveyancing documents on your behalf in your absence. Signing documents outside of South African borders can be very costly and inconvenient so authorising somebody that you trust to continue with the paper work whilst you do the […]
Legal Tip of the week, 16 September 224
When you find yourself in financial trouble, it can be helpful to contact your creditors explaining the situation.
Many creditors have specially designed systems in place to assist clients struggling with repayments. Just ensure that you familiarise yourself with the creditor’s terms and conditions to ensure that you stay within the boundary of your commitment to the creditor and that you do not commit an act of insolvency.
In many circumstances, however, open and honest communication can lead to alternative arrangements being made to alleviate pressure. Ignoring correspondence or calls from creditors may lead to devastating consequences such credit bureau listings, default judgements and attachment of assets for sale at a sheriff’s auction.