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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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31
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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96
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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20
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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32
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
31
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
96
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
20
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
32
Article
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Filter: Mediation
Mediation now an option in Magistrate Court matters

26 July 2023

Mediation has for a number of years been a viable option for litigants in the High Court to attempt to... speedily resolve their dispute. The mediation option, as an alternative form of dispute resolution, has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Magistrate’s Court Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the Magistrate’s Courts and specifically includes mediation as an option for parties involved in litigation. 

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110
Article
The importance of mediation, adjudication and arbitration in construction disputes

20 October 2022

Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred... to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.

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464
Article
Can you force a party to mediate a dispute?

14 July 2021

I have a growing dispute developing with a service provider and it looks like it may head to court. However,... with delays and costs of litigation, I was wondering whether the option of mediation is not a better alternative. But can I force the other party to use mediation rather than going to court?

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533
Article

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