How to Protect Your Children’s Inheritances from Ending Up in the Guardian’s Fund

“Live each day as if it were your last… because one day, you’ll be right.” (Benny Hill) It’s always tempting to procrastinate about decisions that force us to address the inevitability of our own mortality. But we have no choice when it comes to protecting our loved ones after we are gone, because to protect [...]

By |2023-12-07T12:25:34+02:00September 1st, 2023|Estates, Family Law|Comments Off on How to Protect Your Children’s Inheritances from Ending Up in the Guardian’s Fund

Divorce: What is Forfeiture of Benefits and When is it Ordered?

“So often, a party in a divorce is so aggrieved and upset by their spouse's behaviour during the marriage, and rightfully so, that they cannot fathom having to give up an asset or let their spouse benefit in any way, upon divorce. We have had numerous spouses wanting us to apply forfeiture of the benefits [...]

By |2023-12-07T12:15:21+02:00August 1st, 2023|Family Law|Comments Off on Divorce: What is Forfeiture of Benefits and When is it Ordered?

Maintenance Claims and Life Partners

More and more couples are opting to live together as permanent life partners rather than enter into a formal marriage. The risk for such couples is that whilst our law is steadily (if slowly and cautiously) extending many of the protections of formal marriage to unmarried life partners, that process is not by any means [...]

By |2023-12-07T11:49:14+02:00June 1st, 2023|Family Law|Comments Off on Maintenance Claims and Life Partners

It’s Wedding Season – Three Questions to Ask Before You Marry

“Marriage is a matter of more worth / Than to be dealt in by attorneyship” (Shakespeare) Wedding Season is well and truly upon us, and if you (or anyone near and dear to you) is busy planning for marriage (note that we are talking “civil marriage” here, “customary marriages” and “civil unions” are beyond the scope [...]

By |2022-11-05T11:15:12+02:00November 5th, 2022|Family Law, Property Law|Comments Off on It’s Wedding Season – Three Questions to Ask Before You Marry

Your Will Can’t Wait: The Tragic Case of a Mother Who Took Too Long

“We are such stuff / As dreams are made on, and our little life / Is rounded with a sleep.” (Shakespeare) We aren’t comfortable thinking about our mortality, but death comes to all of us and it is our loved ones who will suffer if we don’t make plans to look after them whilst we [...]

By |2022-09-30T11:54:41+02:00September 30th, 2022|Family Law|Comments Off on Your Will Can’t Wait: The Tragic Case of a Mother Who Took Too Long

The Trouble with Family Loans: A R540,000 Lesson

“How sharper than a serpent's tooth it is to have a thankless child!” (Shakespeare) “Family helps family in times of need” - that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court decision provides an excellent example of the risks [...]

By |2022-09-30T11:43:18+02:00September 30th, 2022|Family Law|Comments Off on The Trouble with Family Loans: A R540,000 Lesson

Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

“Love is grand. Divorce is a hundred grand.” (Anon) Trusts may be formed for a variety of reasons, and the purpose and structure of each trust will inform the choice of trustees. When it comes to families aiming to preserve and protect family assets for future generations, often both spouses are appointed not only as [...]

By |2022-09-12T10:58:23+02:00September 12th, 2022|Commercial Law, Family Law|Comments Off on Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

New Ruling on Divorce Assets: How Does it Affect You?

“…the inequality at hand is caused when, after the conclusion of the marriage, a distortion is caused by the fact that one spouse contributes directly or indirectly to the other's maintenance or the increase of the other's estate without any quid pro quo.” (Extract from judgment below) You may have read of the recent High [...]

By |2022-09-12T10:43:49+02:00September 12th, 2022|Family Law|Comments Off on New Ruling on Divorce Assets: How Does it Affect You?

Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy!

“A Legacy Letter is a way for you to share your values, life lessons, cherished memories, hopes for your family’s future, and anything else that is really important to you.” Estate planning is key to ensuring that your loved ones are properly catered for after you are gone. Ideally go beyond the practical and financial [...]

By |2022-05-03T16:09:30+02:00May 3rd, 2022|Estates, Family Law, Property Law|Comments Off on Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy!

Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!

“Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) Your will (“Last Will and Testament”) will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept. By not having his will drawn by a [...]

By |2022-04-06T16:12:21+02:00April 6th, 2022|Commercial Law, Estates, Family Law, Property|Comments Off on Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!
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