Asset protection It is often thought that asset protection has the effect of rendering the asset ‘immune’ to attachment or the claims of creditors. This is not quite correct, in that it is all but impossible to make an asset which is essentially under your control ‘bullet proof’ against the claim of a tenacious …
During the next few weeks, we will be producing a series aimed at demystifying the “vehicle” known as an inter vivos trust (being a trust created during the lifetime of its Founder, as opposed to trusts mortis causa, being trusts which come into existence upon the death of their creator) and their efficacy in today’s …
A person may claim for compensation as a result of a dog attack and may claim compensation for both personal injuries and damages to property. Such action is instituted by way of the Actio de Pauperie, a common law delictual remedy. It is important to remember that when a person claims on this basis, fault …
WHY YOU SHOULD THINK TWICE BEFORE SIGNING PERSONAL SURETY! Suretyships are usually harmless-looking documents. However, to treat them as such, may cause extreme injury to your financial health. A suretyship agreement is an agreement in terms of which one person (the surety) undertakes to a second person (the creditor) to fulfil the obligations of another …
WHY YOU SHOULD THINK TWICE BEFORE SIGNING PERSONAL SURETY! Read More
Legal costs: does your standard agreement protect you? People conclude agreements every day, and mostly without any hiccups. However, it happens every so often, and sometimes too often, that the other party fails to fulfil its obligations in terms of the agreement. The client only pays half of the price, and refuses to pay the …
Legal costs: does your standard agreement protect you? Read More
Protecting your immovable property / house purchase or sale I often receive calls from a buyer or seller asking for advice on their sale agreement/deed of sale/offer to purchase for their property, which typically happens after they have already signed the agreement. I see quite a lot of hard luck stories either from a purchaser’s …
Protecting your immovable property / house purchase or sale Read More
POPI: Protection of Personal Information Act 4 of 2013 The 5 things you need to know Everyone seems to know the word, but not many know what to do with it… One of the buzz words in law in the last year or two has been “POPI”. For those who are not yet acquainted …
POPI: Protection of Personal Information Act 4 of 2013 Read More
ENSURING THAT YOUR ESTATE GOES TO THOSE YOU WANT IT TO A fairly common dilemma with which people are often confronted is whether their intention that certain persons should ultimately benefit from their estate will ultimately be realised. If you have a beneficiary or beneficiaries whom you intend benefitting immediately upon your death, then …
I sometimes hear people say they have received some sort of ‘notice’, or the sheriff delivered something at their house a while ago, but that they are simply ignoring it in the hope that it would disappear. The problem is that it is probably not going to disappear, and the next time they will …
What to do when you receive a summons…And what not to do! Read More
TIPS AND TRICKS In Part One, I touched on the importance of proper housekeeping. Apart from the need to ensure that your will is in a safe place (and losing the original will can pose serious problems, since the Master is bound not to accept copies), there is further information which will considerably assist those …
