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Trust That You Will Not Go Wrong With a Testamentary Trust

A testamentary trust is a trust that is created through a person’s last will and testament upon their death. People usually include these types of testamentary trusts in their wills because they have a minor beneficiary who will not in law be able to take possession of the bequests the testator wants to bequeath to them.

The testator then bequeaths the assets to the trust with the minor as the… Continue reading

Maintenance And The Duty To Support

1. Duty to Support:

Parent’s Reciprocal Duty to Support

It is trite that parenthood automatically gives rise to the parental duty to support children. This Common Law duty becomes applicable to both parents at the birth of the child/ren, which has been duly incorporated in Section 15(3)(a) of the Maintenance Act 99 of 1998 (the Act).

The Court will consider the following when determining the amount of maintenance to be… Continue reading

The Ins and Outs of Collecting Debt

In the legal profession we refer to two ways of collecting debt. We call these two ways “soft” collections and “hard” collections. Debt collectors will mostly try and collect your debt the “soft” way before having to revert to the “hard” way. What follows is a breakdown of the two ways that debt collectors go about collecting your debt.

In the first place, “soft” collections means to not wanting to… Continue reading

Misdiagnosis and Medical Negligence in South Africa

1. Introduction to Medical Negligence in South Africa

The South African Courts entertain claims for medical negligence in order to protect the public. It is obvious that medical practitioners cannot cure all illness or prevent health issues. However, they are legally expected to bring a degree of reasonable skill and care. For a claim to be made the injuries suffered must be a direct result of the medical practitioner’s actions… Continue reading

Airbnb and its impact on sectional titles

Airbnb is a platform very new to South Africans. It can be described as an online marketplace which lets people rent out their properties or spare rooms to guests – Airbnb subsequently takes 3% commission on every booking from the hosts, and between 6% and 12% from the guests.

This platform is so popular because guests usually get good value accommodation at a huge range of price points, from a… Continue reading

An Overview: The Constitutionality of relicencing of firearms in terms of the Firearms Control Act 60 of 2000

An Overview: The Constitutionality of relicencing of firearms in terms of the Firearms Control Act 60 of 2000

  1. Introduction:

South Africa has a comprehensive firearms-control regulatory regime in place which consists of the following:

  • The Firearms Control Act[1] (hereinafter “the Act”), and
  • The Firearms Control regulations.

The abovementioned framework imposes strict substantive and procedural requirements for obtaining the folowing:

  • competency certificate, license, permit, or authorization to possess a firearm;
  • to… Continue reading

Ensure that your insurance does not discriminate against you

Age discrimination is an issue that has received very little attention in South African courts. This may strike one as strange, given that there are many products and services being offered in our society that are limited to people who fall within a certain age group. In South Africa, discrimination has become a part of our everyday lives, whether it be based on gender, sexual orientation, religion, race or even… Continue reading

Keep an eye out for Holiday Accommodation Scams

As the end of the year wheels around for the hard working masses, one thought is on everyone’s mind: holiday; destination: anywhere but here.

However, despite all of the excitement there can be little more upsetting than using one’s precious time away only to find that, upon arrival at your eagerly anticipated vacation venue, you have been misled by a fraudulent advertiser.

With nowhere to stay, a car full of… Continue reading

Contracts are the key to your business’s success

In today’s fast paced and streamlined world, we often don’t get the time to sit down and take stock of everything that is happening around us. From social media to 24 hour news updates, so much of what’s going on seems to be happening in the background. We’ve gotten so used to this that one doesn’t often recognise how unconscious some of the most important parts of our life have… Continue reading

DON’T LET YOUR LAST WILL BECOME YOUR LOST WILL

Procrastination is a very common problem amongst South African citizens when it comes to drawing up a last will and testament. Maybe it’s because they believe that they do not have enough assets, that there is enough time for drawing up a will or maybe it’s just that they simply do not want to consider their own mortality. In fact, maybe it’s because most South Africans do not know what… Continue reading

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