Understanding Estate Massing in Community of Property Marriages
In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done while still ensuring the surviving spouse’s welfare and protecting assets from being misused after the first spouse passes away. This article will explain the necessary conditions for this estate […]
Does a Settlement Agreement Constitute a Credit Agreement?
In a recent legal dispute, the court’s ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement agreements under the National Credit Act (NCA). The court’s decision, which emphasised the importance of preserving the amicable resolution of disputes, shed light on the intricate interplay between settlement […]
The Costs of Deceased Estates Explained
An important function of an executor, the person who is appointed by the Master of the High Court to administer a deceased estate, is to account for the liabilities in the estate of the deceased. Keep in mind that only once the liabilities in the estate have been discharged can the heirs receive their inheritances. […]
Understanding Subpoenas: A Focus on Magistrates’ Courts – Part 2
People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called a “subpoena” which states that they should attend and give evidence at a trial or that they should produce a document or thing. In this article, we will discuss […]
Is There a Need for Sectional Ownership?
Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional ownership into a legal system. He states that these reasons or aims are similar worldwide and mean legislative recognition of the social, economic, and physiological needs of society. The need and demand for suitable residential […]
Understanding South Africa’s Domestic Violence and Harassment Act: A Comparative Analysis
South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA) serves as a powerful tool in addressing domestic and other forms of violence and abuse. Although both Acts share the […]
Registered Antenuptial Contracts vs Agreements Between Spouses
The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries Act 47 of 1937. The public is not always aware of the fact that a verbal or written contract can be binding inter partes (between the parties) because an […]
Can a Creditor Sell the Home of a Debtor to Recover Outstanding Debt?
Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South Africa with credit are struggling to repay their debts. This means, there are approximately 10 million people who are three months or more behind on debt repayments. This article […]
How to Proceed with Divorce When Your Spouse Cannot Be Found
Rule 44(1) of the Uniform Rules of Court states that documents requesting a divorce or marriage annulment must be personally delivered to the person it concerns unless the court allows a different service. But what if the sheriff can’t deliver the documents because the person has disappeared or moved abroad? This article will explain alternative […]
Wrongfully Arrested by the Police: How Much Money Can You Claim?
In South Africa, countless innocent people are wrongfully arrested, thrown into jail, and then subjected to degrading, inhumane, and dehumanising circumstances. What would be the legal recourse available to a person who has been wrongfully arrested? Furthermore, how does the court determine the amount of money a person could claim after being wrongfully arrested? These […]