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Month: November 2016

Why is an independent trustee important?

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.

Stegmanns Incorporated November 23, 2016October 8, 2020 Master of the High Court Read more

How can a person get married in South Africa?

A person can get married in terms of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a valid marriage, but the spouses in a religious marriage can be protected by law

Stegmanns Incorporated November 23, 2016October 8, 2020 Civil Union Read more

When does a claim prescribe?

The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On

Stegmanns Incorporated November 23, 2016October 8, 2020 Claim Read more

What is a Title Deed?

If you are planning to buy a new property, you will need to get the title deed transferred into your name to prove that you are the owner of the property. You will need the assistance of a lawyer specialising

Stegmanns Incorporated November 23, 2016October 8, 2020 Estates Read more

Apply for a trademark before it is too late

Practitioners are often asked when the best time is to trademark a business or product name. Entrepreneurs are in two minds: register before anyone else uses the name or, don’t register, as the costs are too high and the time

Stegmanns Incorporated November 16, 2016October 8, 2020 Business Read more

New domestic worker minimum wages: 01 December 2016 until 30 November 2017

South Africa’s Domestic Worker Sector is to have a new upwardly adjusted minimum wage with effect from 1 December 2016. The latest relief ahead of the festive season will be applicable until 30 November 2017. The minimum wage adjustment is

Stegmanns Incorporated November 16, 2016October 8, 2020 Domestic worker Read more

Dealing with marriage and estate planning

It is important to understand the legal implications of the marital property regime, especially when drafting a Last Will and Testament and also when entering into a marriage, as the regime chosen by the estate planner is going to affect

Stegmanns Incorporated November 16, 2016October 8, 2020 Community of property Read more

Can somebody take the law into his/her own hands?

The mandament van spolie is a summary remedy, usually issued upon urgent application, aimed at restoring control of property to the applicant from whom it was taken through unlawful self-help, without investigating the merits of the parties’ rights to control.

Stegmanns Incorporated November 16, 2016October 8, 2020 Mandament van spolie Read more

Managing disputes over a deceased relative's estate

If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary troubles. The Administration of Estates Act, 1965, determines what must

Stegmanns Incorporated November 16, 2016October 8, 2020 Deceased relative Read more

Transfer of a property: Is VAT or transfer duty payable?

A purchaser is responsible for payment of transfer cost when acquiring an immovable property, but it should further be established if the transaction is subject to the payment of VAT or transfer duty to SARS. When an immovable property is

Stegmanns Incorporated November 16, 2016October 8, 2020 Duty payable Read more

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