October 29, 2015

Are there limitations on ownership rights?

Are there limitations on ownership rights? It is a recognised principle of property law that ownership does not confer absolute and unlimited entitlement on the owner, but that various limitations exist in the interest of the community and for the benefit of other people. The most important limitation on the owner in the interest of […]
October 29, 2015

Implications of estate duty

Implications of estate duty Estate duty is charged on the dutiable value of the estate in terms of the Estate Duty Act. The general rule is that if the taxpayer is ordinarily resident in South Africa at the time of death, all of his/her assets (including deemed property), wherever they are situated, will be included […]
October 29, 2015

The importance of the independent trustee

The importance of the independent trustee A well-known court case, Land Bank of South Africa vs JL Parker and Two Others (the Parker case) irrevocably changed the requirements for independent trustees to be appointed and placed renewed focus on the duties and responsibilities of all trustees. As a result of the Parker case, most Masters […]
August 7, 2015

Succession planning

Succession planning Owning a business requires careful succession planning and is part of your estate planning as you have to determine who will succeed you, or who will purchase your shares, or who will be entitled to the income after your death. The future ownership of your business is at stake. A Partnership automatically dissolves […]
August 7, 2015

Is it beneficial to create a trust?

Is it beneficial to create a trust? A Trust can be described as a legal relationship which has been created by the founder, who places assets under the control of Trustees. This either happens during the founder’s lifetime (inter vivos trust) or at the death of the founder (testamentary trust). This article will focus on […]
August 7, 2015

Who is liable for the damages caused due to a motor vehicle accident?

Who is liable for the damages caused due to a motor vehicle accident? What will happen to my vehicle after I have been involved in a motor vehicle accident and who will be responsible for the damages?  Over and above the emotional and economical tension it causes a person and his family, there will always […]
August 7, 2015

What does a suspensive condition in a contract really mean?

What does a suspensive condition in a contract really mean? Most people that have bought a property may have noticed a clause dealing with suspensive conditions in the contract of sale. Usually these conditions relate to deposits that need to be paid, financing that has to be procured and/or another property that needs to be […]