I want to protect and care for myself and my family while I am alive, and to leave what I have- and what is needed- to whom I want, the way I want, and, in addition, if I can, save legal fees, administrative and court costs, and taxes to the maximum extent legally possible. Wills… Continue Reading
Tips to Avoid Trust Disputes
Read the trust instrument carefully and, if in doubt, obtain legal advice. If the settlor requests changes, check the effect of these with legal advisors. Take particular care if the settlor wants the trust to hold risky a business. What is the level of risk? Who is going to manage the business? The trustee… Continue Reading
Why pay more than you have to?
Does anyone enjoy paying taxes? Does anyone enjoy more legal fees than he or she absolutely has to? Wouldn’t a person like to put an estate plan together that would take care of all assets so that he or she would not have to pay any more taxes or legal fees than would be absolutely… Continue Reading
What Makes an Attorney Qualified to do Estate Planning?
Can just any attorney prepare a living trust plan? Any attorney can legally prepare estate planning documents, including living trust-centered plans. However, few attorneys graduate from university with much knowledge or background in trusts or estate planning. Most graduates would agree that they need practical experience and guidance from a senior attorney prior to tackling… Continue Reading
Who should you APPOINT as your trustee?
Before appointing a trustee you should understand what a trustee does. A trustee, inter alia: runs the trust for the benefit of the beneficiaries acts in a fiduciary capacity and when acting in that capacity, has the ultimate duty imposed by law as to relationships between people acts as an agent is responsible for the… Continue Reading
Fees and Costs of Estate Planning
How do I find an attorney who will charge me a fair and reasonable fee? Attorneys who do more than provide clients with standard forms planning should be appropriately compensated. Most attorneys are dedicated professionals who are trained by experience to listen carefully to the facts, and provide solutions and results that give value to… Continue Reading
THE BENEFITS OF PLANNING WITH LIVING TRUSTS
A significant number of estate-planning techniques are implemented in the form of a trust. There are trusts designed to accomplish a host of planning alternatives. In my experience, however, very few clients I initially meet understand what trusts do, what they involve, and how they are structured. Trusts and how they are used are apparently… Continue Reading
Your rights as a Residential Tenant
There is a useful article on our website concerning residential leases and the rights and responsibilities of landlords and tenants governed by the Rental Housing Act, 1999 (e.g. what terms the lease must contain, the obligation on the landlord to invest your deposit in an interest-bearing account, the obligations on the parties to list any… Continue Reading
The guide to designing a Loving Trust Plan
The smart alternative to Wills and Estates. Mother Teresa said “what counts is not how much you give, but how much love you put in the giving”. Love not only prompts us to be generous in what we give but also to be responsible in why and how we give. The Scripture gives clear and… Continue Reading
Contracts in restraint of trade – the law
An agreement in restraint of trade is prima facie enforceable. The onus rests in the party seeking to avoid a restraint clause to prove that it is contrary to public policy. The approach to restraints of trade is neatly summarised by Malan AJA in Reddy v Siemens Telecommunication, as follows: A court must make a… Continue Reading