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To renounce or not to renounce a benefit in terms of a will?

02 April 2024,  Puleng Valentine Tladi

In terms of your will, your surviving spouse and descendants, are entitled to inherit and one of your children decides... to renounce his or her share, the surviving spouse shall inherit that portion of that inheritance, which was declined by the descendant.

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37
Article

Who inherits under a Deceased Estate when there is no Will?

02 April 2024,  Sinethemba Mashego

It is society's norm to transfer generational wealth and to engage in the re-allotment of wealth. However, some people are ... uninformed about the rules that govern the re-allotment of wealth when they have not drafted a will. 

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104
Article

Understanding the Distinction between Living Wills and Last Wills and Testaments

02 April 2024,  André Styger

While both documents are essential components of comprehensive estate planning, they serve distinct purposes and address different aspects of an... individual's life and well-being. This article explores the definitions, functions, and legal implications of living wills and last wills, shedding light on the significance of each in ensuring the wishes and intentions of individuals are respected in both life and death.

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23
Article

When can a Will be challenged?

02 April 2024,  Melody Sithole

A Will can be described as a document that expresses the last wishes of an individual about how their property... must be distributed when they die. The document must be written, signed and formal.  The last wishes can be challenged in the following situations:

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34
Article

To renounce or not to renounce a benefit in terms of a will?

02 April 2024,  Puleng Valentine Tladi

In terms of your will, your surviving spouse and descendants, are entitled to inherit and one of your children decides... to renounce his or her share, the surviving spouse shall inherit that portion of that inheritance, which was declined by the descendant.

READ MORE
37
Article

Who inherits under a Deceased Estate when there is no Will?

02 April 2024,  Sinethemba Mashego

It is society's norm to transfer generational wealth and to engage in the re-allotment of wealth. However, some people are ... uninformed about the rules that govern the re-allotment of wealth when they have not drafted a will. 

READ MORE
104
Article

Understanding the Distinction between Living Wills and Last Wills and Testaments

02 April 2024,  André Styger

While both documents are essential components of comprehensive estate planning, they serve distinct purposes and address different aspects of an... individual's life and well-being. This article explores the definitions, functions, and legal implications of living wills and last wills, shedding light on the significance of each in ensuring the wishes and intentions of individuals are respected in both life and death.

READ MORE
23
Article

When can a Will be challenged?

02 April 2024,  Melody Sithole

A Will can be described as a document that expresses the last wishes of an individual about how their property... must be distributed when they die. The document must be written, signed and formal.  The last wishes can be challenged in the following situations:

READ MORE
34
Article
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Filter: Sectional Title
What you should know before buying a property in a sectional title

02 March 2020

For safety reasons, it has become more and more popular to buy property in sectional title units and thus have... people closer to you when the need should arise.  This is usually also a smaller property to maintain and may be cheaper than trying to maintain a huge free standing property.  

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363
Article
Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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498
Article
The effect of Rule 46A of the uniform rules of court on Sectional Title property levy defaulters: No way our for judgement debtors

02 July 2018

For the longest time sectional title property trustees and homeowners’ associations (HOAs) in South Africa have battled with the strain... of not being able to recover arrear levies from defaulting owners. Local authorities could also not recover certain amounts in respect of rates and service charges. Needless to say, defaulting sectional title property owners would escape liability for their debt whilst they continued to mount up further charges on their accounts.The notion of levy defaulters having no sanctions placed on them simply because their mortgage bond payments were up to date, as well as the frustration this rang for trustees, HOAs and local authorities, sounded the death knell of an era in which body corporates, HOAs and local authorities could not give effect to any judgments they may have obtained for unsettled levies, rates and other service charges.Rule 46A of the Uniform Rules of Court was pronounced against the backdrop of the resultant detrimental consequences to the investments of other owners, who have had to pay exorbitant levies. The other members (owners) in the sectional title schemes also had to watch the value of their investments depreciate over time. The legislative change made in terms of the Rules Board for Courts of Law Act No. 107 of 1985 makes provision for courts to set a reserve price when immovable property is to be sold in execution of a debt judgment, in particular, primary residential property. The need for this highly anticipated change became evident in the case of Body Corporate v Sithole & Another (240/2016) [2017] ZASCA 28 (27 MARCH 2017).In Body Corporate v Sithole & Another, the Supreme Court of Appeal (the SCA) adjudicated an application for the compulsory sequestration of a default levy payer. This was an appeal from the decision of the High Court dismissing the said application. The Court found that the provisions of section 10(c) of the Insolvency Act No. 24 of 1936, requiring that when such an application is brought before court, the applicant should be able to establish that the grant of such an order would be to the advantage of the general body of creditors, could not be proved. It was held further that there was no basis to find that a body corporate of a sectional title development need not prove pecuniary benefit to the general body of creditors.

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1067
Article
Sectional title levy increases you can expect

14 December 2016

My body corporate has warned that due to recent changes in the sectional title legislation we should be expecting higher... than normal levy increases. I live on a tight budget and this news has me very worried. Is it true that my levies will increase or is the body corporate just making this up?

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719
Article
What is so special about a Special General Meeting for a sectional title scheme?

12 September 2016

I have been appointed as a trustee for our new sectional title scheme. I understand the requirements for calling an... annual general meeting, but I am a bit worried about when we should hold special general meetings in the scheme. I just don’t what to make a mistake.

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562
Article
Landlords and tenants, take note of the Rental Housing Amendment Act

02 June 2016

I am the owner of a number of properties which I let to tenants. I understand that the Rental Housing... Act has been amended. What are the implications for me as landlord and my tenants?

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542
Article

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