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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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48
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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122
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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33
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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36
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
48
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
122
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
33
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
36
Article
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Filter: Contract
Know how regarding cancellation of agreements and claims

02 January 2020,  Marié Combrink

After a busy December holiday season and schools starting in the new year a lot of people contact our office... regarding legal advice for contracts entered into before obtaining proper legal advice due to the fact that they were pressed for time, or was in urgent need of goods, services or money.

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1166
Article
Contracting on behalf of a company to be formed

20 June 2018,  Puleng Valentine Tladi

Section 21 of the Companies Act No. 71 of 2008, makes it possible for a person to act as agent... or trustee on behalf of a company to be formed.

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3220
Article
What print or font is too small for a contract?

07 June 2018

I recently bought a second-hand car from a local car dealership. Not long afterwards the car started giving me trouble.... When I took it back to the dealership, they said it was not their responsibility as the contract I had signed transferred all responsibility to me. They showed me the contract, but most of it was printed so small that I couldn’t even read it let alone understand it. Surely I should at least be able to read a contract to be bound by it?

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451
Article
What is classified as “fair wear and tear” in the context of a lease agreement?

23 May 2018,  Marié Combrink

“The Lessee shall maintain the interior of the dwelling and maintain the property in a clean and tidy condition to... the satisfaction of any local authority and return the property on termination of the lease in good order and condition, fair wear and tear excepted.”

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1263
Article
Donation Agreements the nature, effect and legal implications

23 May 2018

A donation is a unilateral contract in terms of which, the one party referred to as the donor is under... no obligation to act, but does so out of pure liberality and benevolence by promising to give to the other party, called the donee, something without expecting to receive anything in return.  Donations may be classified into two main categories, namely: donations mortis causa (donations made in contemplation of death) and donations inter vivos (donations made otherwise than mortis causa).   Donations require acceptance, so if the donor revokes the promise made to the donee, or dies, before acceptance has been effected by the donee, the obligation ceases to take effect.

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12241
Article
Black or blue…? Or red for a bit of variety!

11 April 2016

I’ve often wondered if an agreement must be signed with black ink. What happens if it is signed with a... blue of even red or green pen? Is it invalid?

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482
Article

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