“Only put off until tomorrow what you are willing to die having left undone.” (Pablo Picasso) If you own assets outside South Africa, you may have wondered: Is my local will enough? This is a question many South Africans are asking, and the answer will depend on your own unique situation. Let’s break it down. [...]
“That which we call a rose, by any other name would smell as sweet.” (Shakespeare, in Romeo and Juliet) Your wedding to-do list will be a long one, and getting all the “boring legal bits” in order before you marry may not seem like a huge priority. But it is. Choices you make now will [...]
“The only person who sticks closer to you in adversity than a friend is a creditor.” (Unknown) You’ve done everything you can to leave your loved ones financially secure after you die. You’ve left enough assets to set them up in their own lives, made a valid will (“Last Will and Testament”), and chosen a [...]
“From small mistakes come great catastrophes.” (Justin Cronin) We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings over a poorly-drafted will confirms once again that when it comes to important documents (and it doesn’t get more important than your will!), every word counts. [...]
Love is grand. Divorce is a hundred grand.” (Anon) In the boiler room that is the divorce court, it’s common to hear accusations and counter-accusations of one spouse disposing of or concealing marital assets to hide them from the other spouse. The good news is that our law provides effective ways to protect yourself in [...]
“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of the very strong protections offered to them by the Domestic Violence Act (“DVA”). [...]
“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the judgment below) When drawing up [...]
“Marriage is the chief cause of divorce” (Groucho Marx) This Valentine’s Day, think about the legal aspects of your romantic relationship. They’re a lot less exciting than the traditional declarations of love backed up by chocolates and flowers, but they’re just as important in ensuring a strong, committed life partnership in which both of you [...]
“The crux of the case is about unequal treatment of persons. (Extract from judgment below) The recent High Court judgment which declared unconstitutional differences between maternity, paternity, parental, adoption and surrogacy leave has received a lot of media attention, much of it focusing on the reasons for the decision - but what has actually changed [...]
Media reports of the recent Constitutional Court decision holding a section of the Divorce Act unconstitutional and giving Parliament 24 months to remedy that haven’t always been clear about who needs to be aware of this, and who doesn’t. Firstly, understand the three “marital regimes” available to you Legally, marriage amounts to a binding contract, [...]
