October 29, 2015

Claims from the Road Accident Fund

Claims from the Road Accident Fund In terms of current legislation, the Road Accident Fund (RAF) is entitled to offer undertakings or guarantees to a Plaintiff who is in the process of instituting a claim against the Fund. The fact that an undertaking is offered instead of a traditional lump sum payment has certain positive […]
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 […]

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