A guest slipped and fell in a hotel bathroom and injured his ankle. The court, in Klassen v Blue Lagoon Hotel and Conference Centre had to decide if the hotel was negligent and had to pay the guest damages. The defendant disputed liability, alleging that the plaintiff was drunk at the relevant time. It also… Continue Reading
4 Steps to Having a Productive Conversation with a Loved One About Their End-of-Life Wishes
Talking to a loved one about their end of life arrangements can be one of the most difficult conversations you can have, but it can also be one of the most valuable. In fact, this conversation is best done before the need actually arises. Prepare to Listen Before you even broach the subject, take… Continue Reading
Will and Trust Contests
Questions for Discussion What legal standing and grounds are required to attack a will and a trust? What standard of proof is required when attacking a will or a trust? What are the allowable time periods for attacking wills and trusts? Is it easier to contest a will than a trust? Standing to Challenge… Continue Reading
How to Begin the Estate Planning Process
How do we get started? What will my spouse and I need for the first meeting with our estate planning attorney? Once you have found an estate planning attorney who is right for you, you should ask the attorney what you need to do to get the estate planning process under way. Most estate planning… Continue Reading
Comparing Testamentary and Living Trusts
Is it valid to compare a simple will to a living trust-centered estate plan? What are the similarities between living trust-centered planning and testamentary trust planning? What are the differences between living trust-centered planning and testamentary trust planning? Is living trust-centered planning preferable to testamentary trust planning? In most instances, trust critics compare living trusts… Continue Reading
What is the difference between a suretyship and a guarantee?
ABC (Pty) Limited (the creditor) wants to sell goods for a large amount to XYZ (Pty) Ltd (the debtor, also known as the principal debtor). The creditor needs some form of comfort that the debt will be paid. Typically, it could ask for a cession of the book debts of the debtor or a pledge… Continue Reading
Regulations about gas installations home- owners should know
Source: Compeg The rapidly increasing cost of electricity has resulted in a growth in popularity among many South African home-owners to utilise gas installations in their homes. However, most homeowners are unaware that there are specific regulations that they must comply with when installing gas equipment in their homes to ensure their insurance policy… Continue Reading
Coping with Anger
I’m Always Angry. How to Stop Being So Angry All the Time One of the causes of divorce is uncontrolled anger on the part of the husband or wife. Here are useful tips to contain and control the anger and save the marriage. Source: Rebecca Temsen <https://www.selfdevelopmentsecrets.com/always-angry-how-to-stop/> In life, we have to put up with… Continue Reading
The Application (or not) of Ubuntu in Commercial Contracts
In Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166 (29 November 2017) the Supreme Court of Appeal was asked to decide whether a contract can be terminated without first negotiating in good faith because of ubuntu. The full bench held that it is not competent for a Court to import a term not… Continue Reading
Advantages of a Living Trust
The Advantages of a living trust can be summarized as follows: Estate planning. The freezing of value. Tax planning Preservation of assets after death. Protection of assets from creditors. Protection against spendthrift children. Protection of a vulnerable spouse after your death. Protection of minor and/or vulnerable children. Income tax splitting. Assuring rapid access to income… Continue Reading
