New case deals with how assets held by a trust are handled during divorce

The Supreme Court of Appeal (SCA) handed down its Judgment in an accrual calculation dispute during a divorce, ruling that the trust assets would form part of the couple’s estate for accrual purposes. However, this decision depends on the time at which the trust was created and the circumstances surrounding …

Wills Month: Ensure your last wishes don’t get lost in translation

‘The drafting of a will is generally the starting point for planning your estate and ensuring that your assets are transferred in accordance with your wishes’: PPS’s Anneke le Roux. By Amanda Visser7 Sep 2022  00:01 AMANDA VISSER: We are already in September, a month by now recognised as Wills Month. There …

The difference between a non-profit company and a non-profit organisation

The idea of giving and helping others (charity) has been around since the beginning of time. Unfortunately, with the passing of time, and as humans became more evolved, charitable organisations were more often than not used for fraudulent and mischievous purposes rather than furthering their charitable objective. A legal solution …

What happens if you die without a will?

In South Africa, most of the population die without a Last Will & Testament in place. If you die without leaving a valid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987). This means that your estate will be divided amongst your surviving spouse, children, …

Overlooked? What are grandparent’s rights and responsibilities after a death or divorce?

When couples with children divorce, there is understandably a focus on the arrangements made for the children. A lot of time and effort is spent ensuring a fair division of care and contact between the parents. Unfortunately, the rights of grandparents are often overlooked. Despite being intimately involved in their grandchildren’s lives and upbringing and often …

Sectional Titles and the POPI Act – what you need to know

Community housing schemes should have compliant record-keeping systems, including those of their managing agents, in accordance with the Protection of Personal Information (POPI) Act. It is also important for owners and occupiers in Sectional Title schemes and gated developments run by Home Owners’ Associations (HOAs) to understand that the Act …

Use this time to draft a Will & do Estate Planning

    At the moment, most of us are working from home until such time as the lockdown (or any extension thereof) is lifted. While inconvenient, it does present the perfect opportunity to get your personal affairs in order, including Estate planning and the preparation of a Will. Why should …

Conditions for lawful processing of personal information

The POPI Act is a new all-inclusive piece of legislation that safeguards the integrity and sensitivity of private information. Companies are required to carefully manage the data capture and storage process of Personal Information within the lawful framework as set out in the Act. Below is the definition of Personal …

Why Conveyancing Is Needed When Buying A Commercial Property

Buying commercial property isn’t always a straightforward process. It doesn’t start and end when money changes hands from the buyer to the seller. It involves a lot of legalities and the nitty-gritty paperwork. If you’re buying a commercial property for the first time or you’re not quite knowledgeable with the …

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Do you have a legal problem? Buying or selling your house? Going through a divorce? Commercial and Corporate law issues?   With more than 4 decades of experience, Louwrens Coetzer & Venote/ Partners is the leader in matters of law on the East Rand. Give us a call today, our …