“This case yet again demonstrates the need to be careful when dealing with a trust” (extract from judgment below) For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust. But no matter why or how it happens, have your lawyer...Read More
As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do? Sometimes it makes sense to apply for the debtor’s sequestration (just...Read More
“Let’s choose executors and talk of wills” (Shakespeare) If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions – 1.“I’m too young to need a...Read More
You leave your precious car for a wax and polish at a car wash, and a thief steals it. Can you sue the car wash for the value of your car? A case in point In a matter before the Supreme Court of Appeal, a car owner had left his vehicle (keys inside) at a...Read More
You are a director of a company entering into a good, sensible property deal which you have researched thoroughly. So when you need finance from the bank and the bank says “sure, your company can have a R5m loan, just sign this personal suretyship here”, you sign. It’s only when everything falls apart down the...Read More
You are a director of a company entering into a good, sensible property deal which you have researched thoroughly. So when you need finance from the bank and the bank says “sure, your company can have a R5m loan, just sign this personal suretyship here”, you sign. It’s only when everything falls apart down the...Read More
“The Internet is a Real Place with Real Consequences” (Rebecca MacKinnon, Internet policy expert) We live in an age of online commerce. We buy and sell pretty much anything you can think of on the Internet, whilst contracting online for everything from an Uber ride to a plumber’s call out has become second nature. So...Read More
Firstly, a warning to anyone selling or buying property to/from a trust – have your lawyer check upfront that you are adequately protected by the terms of the sale agreement. The problem is that contracting with trusts has its own specific set of rules and, as a High Court case illustrates, standard sale agreements don’t...Read More
Firstly, a warning to anyone selling or buying property to/from a trust – have your lawyer check upfront that you are adequately protected by the terms of the sale agreement. The problem is that contracting with trusts has its own specific set of rules and, as a High Court case illustrates, standard sale agreements don’t...Read More
“We used to terrorize our babysitters when I was little, except for my grandfather because he used to read to us from his will” (comic Janine Ditullio) Whether you are young or old, healthy or ailing, wealthy or not-so-wealthy, married or single – you must have a will. Dying “intestate” (i.e. without leaving a valid will)...Read More
