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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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51
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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130
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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35
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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38
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
51
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
130
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
35
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
38
Article
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Filter: Injury
How to lodge a claim with the Road Accident Fund for Patrimonial and Non-Patrimonial damages?

27 February 2018,  Puleng Valentine Tladi

Section 24 of the Road Accident Fund Amendment Act 19 of 2005, makes provision for a third party seeking compensation... for patrimonial and/or non-patrimonial damages, in respect of any loss or damage suffered, as a result of the bodily injuries or death of another, caused by or arising, out of the driving of a motor vehicle. The prescribed claim form 1 must contain sufficient information together with the necessary documentation to enable the Road Accident Fund, to realise that the claimant is seeking compensation. Whereas a claim is for general damages the RAF form 4 must be accompanied by the medical reports and opinions. The claim must be lodged timeously and in accordance to the prescribed rules of Road Accident Fund Amendment Act.

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1124
Article
Don’t let a lack of railings on your stairway be your downfall

08 September 2015

A plumber visited my new house to repair a water leak in my upstairs bathroom. He fell from the second... story of my house and claims that he fell because I did not have stair railings. I have not yet had my railings installed as they are quite expensive and I am still saving for this. We have however been using the house for a few months without the railings and without incident. The plumber is now threatening to sue me for damages. Can he do this?

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605
Article
Slip and fall… Who is liable?

25 June 2013

It has become the popular perception that if you fall while on someone else’s property you can sue. The reality... is that the law requires a quid pro quo from property owners and the public. Property owners must take reasonable care in minimizing or preventing harm occurring to people passing through their premises and the general public equally, must take reasonable and appropriate care when entering into, walking across and leaving another’s premises.

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452
Article
Road accident injuries: Do I have a claim?

22 November 2012

The RAF Act has been amended with the amendments substantially impacting on all claims arising from motor vehicle accidents which... occurred after 1 August 2008, and resulting in many victims being unsure of whether they can claim from the RAF or not. To help clarify some of the implications of the amendments, we broadly explain what loss or damage can be claimed for under the Act.

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655
Article
Dog owner beware! Dog bites can be expensive

19 June 2012

Everybody has heard of someone who has been bitten by a dog. This is no accusation directed at dogs as... owner irresponsibility is often the main cause of the attack. Correctly, one must then look at the liability of the owner to determine whether the actions of the dog are attributable to the owner or not. It must also be considered whether the liability of the owner is unlimited and whether there are defences available to the owner in the case of a dog attack. Prevention however remains the best defence and dog owners can limit their risk for liability by ensuring that their dogs pose no threat for others.

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641
Article

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