News & Articles

Right-of-way servitude and how to register it?

Right-of-way servitude and how to register it?

Registration of a right-of-way servitude can be a useful and sometimes vital mechanism granting the holder of such a right a method through which to travel to and from their property. In this article, we will discuss what a right-of-way servitude is, how such a servitude is created, how it will lapse or how it can be cancelled.

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Navigating the boundaries of ancestral practices in a sectional title scheme

Navigating the boundaries of ancestral practices in a sectional title scheme

“A neighbour in my sectional title unit is very traditional, and has been hinting that he wants to hold a sacrificial slaughter at his home as an offering to his ancestral spirits. Although I have no objection to this, I am concerned as to whether this is allowed in a sectional title scheme as I think that there may be objections from other owners in the complex if he continues. Can he do this on his property in the complex?”

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Trustees take note – new platform for your trust Beneficial Ownership reporting

Trustees take note – new platform for your trust Beneficial Ownership reporting

This October, the Acting Chief Master signed a directive introducing the new electronic platform for reporting Beneficial Ownership information at the Master. This new platform was introduced after the Master received an overwhelming number of concerns from Trustees about the reliability, privacy, security and functionality of the Google Forms document that was previously used for Beneficial Ownership submissions to the Master.

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Navigating spousal maintenance in your Antenuptial contract

Navigating spousal maintenance in your Antenuptial contract

When getting married a common option for couples is to select getting married out of community of property with the accrual system. This requires an antenuptial contract to be drawn up by a notary. But what happens if one of the spouses wishes to also in the antenuptial contract exclude the right to claim maintenance should they get divorced. Is that at all enforceable?

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Should you consider massing your estate?

Should you consider massing your estate?

A term often encountered in estate planning but generally not always that well understood, is the “massing” of estates. In this article we take a look at what is meant by “massing” and when it makes sense to use massing in estate planning.

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Real estate in a deceased estate – what are the options?

Real estate in a deceased estate – what are the options?

Dealing with real estate in a deceased estate can be a complex and emotionally challenging process for heirs. In such situation, understanding the available options, addressing cash shortfalls, and resolving disputes are essential steps in the administration of the deceased’s assets. In this article we shed light on these crucial aspects and provide guidance to heirs on facing these challenges.

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Cybercrime – a clear and present danger for individuals and businesses

Cybercrime – a clear and present danger for individuals and businesses

Cybercrime has become a global pandemic with South Africa leading the charge in terms of countries that have become a hotspot for cybercrime, earning us the dubious honour of being labelled the cybercrime capital of Africa. With October being international cyber security awareness month, we touch on some of the issues and risks which South African businesses face with respect to cybercrime.

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Beware of the VAT pitfall in your sale of property agreement

Beware of the VAT pitfall in your sale of property agreement

An item that is often overlooked when buying or selling property is the issue of VAT and whether such is payable and by whom. Property sale agreements generally stipulate how this should be dealt with, but just as often, agreements can be silent on the issue of VAT. So, what then is the correct position?

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Does a construction contract have to be in writing?

Does a construction contract have to be in writing?

You’ve been planning to make some upgrades to your home and you’ve approached a building contractor with a good reputation who is happy to take the job. The only question remaining is, do you have a written construction agreement drawn up, or can you and the contractor verbally agree on the scope of work and price?

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An introduction to mergers and acquisitions in South Africa

An introduction to mergers and acquisitions in South Africa

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.

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