ONE WORLDWIDE WILL OR SEPARATE WILLS?
1. Is it a problem if I only have one will in respect of my worldwide assets?No, as long as the will meets the legal formalities required by the country …
Walking a tightrope: The business rescue practitioner’s challenge of serving competing interests
The legal framework for business rescue was introduced to South African law with the promulgation of the Companies Act 71 of 2008 (the Companies Act) to ‘provide for the efficient …
COVID-19: Force majeure and the effect it has on rental contracts
COVID-19 will have far-reaching ramifications for South Africa (SA). In order to ‘flatten the curve’, the President, Cyril Ramaphosa, duly advised by his cabinet, declared a total lockdown in order …
THE CORONA VIRUS – CONTRACTUAL ESCAPE CLAUSE?
Tuesday, 17 March 2020 Most contracts make provision for the termination of an agreement in the event of unforeseeable circumstances that prevent someone from fulfilling his obligations under a contract. This is …
WHAT ARE YOUR RIGHTS WHEN IT COMES TO FORCED COVID-19 TESTING?
As the COVID-19 pandemic is spreading across the globe, Minister of Health, Zweli Mkhize has expressed his concern that there is not enough testing being done in South Africa. By …
Is an unsigned electronic will valid?
09 November 2015 “My father recently passed away. His will was drafted by a financial planner who e-mailed the final draft to him, but which he never signed. We …
MAY I BEQUEATH MY ESTATE TO ANYONE?
Tuesday, 25 February 2020 May I bequeath my estate to whoever I choose, or am I obliged in law to benefit certain persons, for example, a spouse and children? If South African …
Property Law – ISSUE 04 – 2020
Friday, 06 March 2020 SMELLY: AGRICULTURAL LIVING OR ACTIONABLE NUISANCE? Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14 (27 February 2020) This judgment …
ADDRESSING THE WAITING TIME IN THE BOND APPROVAL PERIOD
Tuesday, 10 March 2020 Whether as buyer or seller, the agreement in which the sale of property is recorded is likely to include a suspensive condition as well as a so-called “72 …
CAN ONE SIGN A SALE AGREEMENT OF LAND ELECTRONICALLY?
Tuesday, 31 March 2020 In times often described as the “digital era” and with present quarantine measures making the signing of contracts in the presence of both parties particularly difficult, many people …