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
Adoption Advice – can I adopt my friend’s baby?
A client asked how she goes about adopting her friend’s child, soon to be born. The friend wishes to give up her baby for adoption. The biological parents would need to receive counselling from an accredited adoption social worker to look at all the options available to them when planning the future for their unborn… Continue Reading
Sectional Title Owners – Who is responsible for Excess Payments on Insurance Claims?
Owners in sectional title schemes believe – incorrectly – that because the body corporate insures the common property it must pay any insurance excesses (e.g. for a burst geyser)). In fact, the Sectional Title Act provides that the owner in a sectional title scheme is responsible for all excess payments on insurance claims – unless… Continue Reading
Can new owners be held liable for historic municipal debt on their property?
In the case of Jordaan v Tshwane municipality, the Constitutional court handed down a judgment on 29 August 2017, dealing with the constitutional validity of S118(3) of the Local Government Municipal Systems Act, which provided that “an amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties… Continue Reading
Thinking of Getting Divorced?
Thinking of getting divorced? How divorce works Once a married couple (whether married according to civil or customary law) has decided to get divorced, the person suing for divorce (the “Plaintiff”) needs to prepare a divorce summons, either through the High Court or the Family Court at a local Magistrates’ Court, suing the other spouse… Continue Reading
The Divorce Process
The divorce process – what is entailed Source: https://www.westerncape.gov.za/service/getting-divorced/ A married couple can end their marriage through divorce. The process of the divorce depends on the type of marriage: Civil marriages are dissolved according to the rules in the Divorce Act. Marriages in terms of African Customary Law are dissolved according to the civil law but some of… Continue Reading
Who is a Legal Guardian?
Who is a legal guardian? A client asked me when and how a person should appoint a guardian to look after minor children, on his or her death. Why is it so important to appoint a legal guardian for your children? On the death of the first dying parent, the surviving parent becomes the sole… Continue Reading
Voetstoots and the CPA
Does the Consumer Protection Act, 2008 (“CPA”), which became effective on 1 April 2011, mean the end of the “voetstoots” or “as is” clause? What does voetstoots mean When you buy something, there is an implied warrantee that the thing sold is free from any defects. It is, however, possible that one can contract out… Continue Reading
Right to relocate with a minor from Gauteng to the Cape
Q: Been divorced for 8 years. Dual custody over our 2 children aged 16 and 11 who reside with mother. Does the law require that the mother has to approach the court for permission to relocate from Gauteng to the Cape? A: The test is what is in the best interest of the children. As… Continue Reading
Freedom Of Testation
Can I choose who to benefit in my will? In South Africa, a person can leave his or her assets to whoever he likes, with few limitations. This is called “freedom of testation“. If a person dies with a valid will, he or she dies “testate”, and without a valid will, he or she dies… Continue Reading
