The Wills Act sets out the requirements for a valid Last Will and Testament. For a will to be valid, it must be signed and witnessed. What happens if the wishes of the deceased are clear, but the document does not meet the requirements of a valid will? This was the heart of the matter in Estate Late Elaine Ilsia …
The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance with the testamentary wishes of the deceased. Importantly, although a person can nominate an executor, the executor is appointed by the Master of the High Court through the issuing of Letters of Executorship. The executor is responsible for, amongst other things, interpreting the Last Will and …
Arbitration is one of a few dispute resolution mechanisms which include conciliation (negotiation), mediation, and litigation. It is regulated by the Arbitration Act 47 of 1965 (“the Act”) as amended. The Act does not provide for a definition of arbitration. Butler and Finsen in their book, Arbitration in South Africa Law and Practice, provide the following definition of arbitration, stating …
What is prescription? As a general rule, prescription occurs when a debtor’s liability to pay a specific debt is extinguished as a result of the passing of a prescribed time period. As soon as a debt prescribes, a debtor is no longer under any obligation to pay it. It is still legal for the creditor to demand payment or even sue for a prescribed debt. The debtor will then, …
As the property market continues to piece itself back together amid the ongoing pandemic, the rental market continues to feel the impact of the times more than any other sector in the real estate industry. While property sales have slowly picked up, and first-time homeowners are enjoying the advantages of a buyer’s market, empty rental properties continue to fill the market. With one in five properties in the …
Unless you’re an avid fan of cryptocurrency and trading in Bitcoin or Ethereum, you’ll be forgiven for not having a clue about what blockchain is or does. However, chances are that you’ve come across the word more and more frequently in the past five years. As with many things that gain prominence throughout the years, a point eventually arrives where not speaking about it comes at your own …
Estate agents play a vital role in the efficiency and ease of most real estate transactions. They are guides, advisers, companions, gurus, and partners to buyers, sellers, landlords and tenants alike. The strength of this relationship, however, is built on a foundation of open communication and transparency. When your estate agent is working off of lacklustre information, half-truths and muddled facts, the results can be disastrous for everyone involved. For …
The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus follows that a person who is defamed must have legal recourse to protect and vindicate their constitutional right. A party who intends to claim for defamation must do so in terms …
