Blog2024-11-15T11:01:19+02:00

The Conveyancing Process Explained

By |12 June 2019|

The first step in any sale of Immovable Property is that the Purchaser and the Seller must sign a written Agreement, which once signed, becomes a legally binding Agreement of Sale. Following the signature of the Agreement of Sale, the seller has the choice of appointing a Transferring Attorney whom, once appointed, will obtain the FICA documentation of both parties.

Piercing the corporate veil

By |10 June 2019|

One of the cornerstones of conducting business and other affairs through a company is the firmly entrenched principle of separate legal personality. Separate legal personality means that the rights and obligations of a company are completely separate from those of its incorporators, shareholders and directors.

To business rescue or not to business rescue

By |3 May 2018|

Although the practice of implementing a turnaround strategy (business rescue) has been widely used in South Africa, business rescue was only formalised in Chapter 6 of the “New” Companies Act, Act 71 of 2008 (hereinafter referred to as “the Act”). As business rescue is still a fairly new concept within the South African legal system, it is being developed and redefined on a continual basis.

The formation and registration of an inter vivos trust (living trust)

By |3 May 2018|

Trusts are regulated in terms of the Trust Property Control Act No. 57 of 1988. There are two main types of trusts available in South Africa, namely, an inter vivos trust and a testamentary trust. The main distinction between the two is that an inter vivos trust is established by the founder during his or her lifetime, whereas, a testamentary trust is contained within one’s Will and Last Testament and thus, comes into existence only upon the death of the testator/testatrix.

Action (trial) proceedings

By |3 May 2018|

Civil trial proceedings will be discussed by way of a series of various parts, explaining the trial process and how to enforce a judgment. (This series will focus on Action proceedings and not Motion proceedings. Furthermore, only the procedure relating to monetary claims will be discussed)

The advantages and risks of entering into a pre-incorporation contract

By |3 May 2018|

For various reasons, many legal agreements are entered into by a juristic entity, as opposed to a contracting party in their personal capacity (e.g. for the benefit of perpetual succession, separate legal personality, etc.). Many agreements are therefore entered into with at least one, or more juristic entities as party/ies to an agreement, either with an existing entity, or with an entity registered specifically for the purpose of entering into the agreement in question.

How is child maintenance calculated?

By |2 May 2018|

First and foremost, it is important to note that both parents, in terms of the Children's Act, have an equal responsibility to contribute towards a minor child's monthly expenses. Both parents have equal responsibilities and rights towards a minor child as well as equal rights of contact, irrespective of whether one parent contributes towards the minor child's monthly expenses or not. Contact with the minor child cannot be withheld by the one parent should the other parent not contribute towards maintenance, however, the failure to contribute towards maintenance is a criminal offence and a Section 31 summons may be issued.

What are the formal requirements for the execution of a valid will

By |2 May 2018|

In order for a Will to be valid, it needs to fulfil all of the statutory requirements contained in section 2(1)(a) of the Wills Act 7 of 1953. Our law only recognises a Will that complies with these requirements. The document must be signed by the testator. If the Will consists of a single page, it must be signed at the end of that page. If the Will consists of more than one page, each page must also be signed by the testator.

Go to Top