by VDT Attorneys | Dec 3, 2024 | Arrear maintenance, Maintenance, Maintenance order
The Preamble to the Maintenance Act, 99 of 1998 (“Maintenance Act”) recognises the rights of a child but also emphasises the importance of a sensitive and fair approach to the determination and recovery of maintenance. Maintenance orders awarded are largely based on...
by VDT Attorneys | Dec 3, 2024 | Appeal, Dispute resolution, Sale in execution
What is a sale in execution?When parties approach a civil court, the court may issue a judgment requiring the judgment debtor to either perform a specific act or pay a specified sum of money. In cases where the judgment debtor is ordered to pay a sum of money, a sale...
by VDT Attorneys | Dec 3, 2024 | Inter Vivos Trust, Testamentary Trust, Trust, Trustee Resignation
Section 21 of the Trust Property Control Act 57 of 1988 (“the Act”) allows trustees to resign at any time provided that written notice is given to the Master of the High Court as well as to ascertained beneficiaries with legal capacity. It is important to note that a...
by VDT Attorneys | Dec 3, 2024 | Capital Gains Tax, Conduit Principle, Trust
Trusts have a firm foundation in South African law. They are created where property or assets are transferred by a person (the founder) in favour of others (the beneficiaries). The property and assets are placed under the control of trustees who manage and administer...
by VDT Attorneys | Nov 27, 2024 | Public Liability, Slip and trip
In the Ngwenya case, the Plaintiff, Ms Ngwenya, instituted a claim for damages against the Defendant, Accelerate Property Fund, the managing agent of the premises at which the plaintiff tripped and fell. The plaintiff averred that the injuries she sustained when she...
