IF YOU DO NOT LEAVE A WILL http://www.justice.gov.za/master/m_deseased/deceased_intestate.html See the Intestate Succession Act. Any person of 16 years and over is free to make a will in order to determine how his/her estate should devolve upon his/her death. If you die without a will, your estate will devolve in terms of the rules of intestate… Continue Reading
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How To Identify Real Estate Fraud
How to Identify Real Estate Fraud Encountering property fraud can be one of the worst experiences in your life. Knowing how to identify these scams can help your family to avoid unnecessary loss and litigation. Although there are many different scams, the most common scams involve fake realtors using real listings to make themselves appear… Continue Reading
Can an unmarried mom claim maintenance from the father’s pension?
A client asked: I would like some advice please. My partner and I were living together for 5 to 6 years then broke up in February 2018 because he was cheating on me. We have 2 children together which he paid R1000 Maintenance for a month. Last week he let me know that he lost… Continue Reading
Boundary Walls – problems with your neighbour?
Disputes surrounding boundary walls in residential and commercial areas are one of the most controversial topics facing homeowners. These relate to the location of the boundary between the two properties, or when trees or plants encroach on or overhang the other property, or when the wall (or work done on it) causes a nuisance or… Continue Reading
Are your sectional title affairs in a mess
Are your sectional title affairs in a mess (your body corporate owes a fortune in arrear municipal charges)? You may consider appointing an administrator to halt legal proceedings and negotiate a way out. The Application to appoint an Administrator for a fixed period with the purpose of rehabilitating the scheme, is brought in terms of… Continue Reading
Does a municipality need a court order prior to terminating electricity to premises?
Anva Properties CC // End Street Entertainment Enterprises CC Anva Properties (The Applicant) sought an order authorizing it to terminate the electricity supply to a unit in a building situated in Cape Town. The matter was heard in the Western Cape High Court in April 2015. The Applicant is the owner of the building and… Continue Reading
What is the effect of the accrual system in a marriage contract, on death or divorce?
This is an example of a standard calculation at the death of the first-dying: Note: The Matrimonial Property Act 88 of 1984 is applicable to every marriage out of community of property entered into on or after 1 November 1984 in terms of a antenuptial contract by which the accrual system is included or excluded;… Continue Reading
Domestic Violence
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Altering the surname of a minor
A client asked: My wife and I have been raising her son. The biological father had passed. How can we change his surname to mine? You can change the surname of a minor: If a child is born out of wedlock and the mother marries a person other than the child’s biological father and wishes… Continue Reading
Domestic Violence
Source: A simple guide to South African Family Law by Nthabiseng Monareng What is domestic violence? Domestic violence is the term used when a person in a household abuses another person with whom he or she is living. It occurs between people who are in a relationship with each other. These relationships include married couples,… Continue Reading