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Monday | 27 June | 2022 Can one inherit somebody else’s debt?

By Sanette Viljoen Question: Is it possible to hold an heir liable for a deceased person’s debt if the liabilities of the estate exceed the assets, and does this position change when it comes to spouses, especially those who are married in community of property? Answer: The good news is that heirs will never be  … Read more

Monday | 27 June | 2022 Court finds on farmers who farm next to public roads

By Sanette Viljoen In the case De Pontes v Kegge (ECP) 1773/2018 the court had to determine whether the owner of farming stock neglected his duty of care towards the public by failing to prevent the animals under his control from getting onto a public road The court also had to decide whether the owner  … Read more

Monday | 20 June | 2022 All trustees must be present for a valid decision

By Sanette Viljoen Our law does not provide for a sleeping trustee. If you are a trustee of a trust you have many duties and responsibilities. Sometimes people do not realise that a trusteeship also comes with legal obligations that they must be thoroughly familiar with. In the case Steyn & Andere NNO v Block  … Read more

Monday | 20 June | 2022 Claim from the state should my car be damaged by pothole?

By Sanette Viljoen The short answer to this question is “yes”. In any case where you can prove that your damage was caused by the negligence of another, you are entitled to recovery of the damages. In this case the negligence lies in the fact that the municipality or authority whose responsibility it is to  … Read more

Monday | 20 June | 2022 Mother loses custody of child because she is overprotective

By Sanette Viljoen In an unreported case the magistrate’s court ruled that the primary residence of the boy (approximately 12 years old) shall be with the father and not the mother. The mother appealed against this ruling and the North Gauteng supreme court heard the appeal. Before the parties went to court, as mentioned above,  … Read more

Monday | 13 June | 2022 Mistakes to avoid when drawing up a will.

By Wilma Bedford Your will is probably one of the most important legal documents you will ever draw up; it stipulates where you want your assets to go, who receives guardianship of your dependants, what should happen to your debts and who you appoint as executor of your estate and last wishes. Yet there are  … Read more

Wednesday | 08 June | 2022 Some deeds of sale for fixed property can be cancelled

By Sanette Viljoen The Consumer Protection Act provides for a cooling-off period for the buyer of fixed property, but only if the transaction complies with certain requirements. The cooling-off period applies only to transactions to which the Act applies and that took place as a result of direct marketing. What is direct marketing? This is  … Read more

Thursday | 26 May | 2022 Guard your tongue when in court

By Sanette Viljoen In the case of S v Bresler and Others 2002 (2) SACR 18 (C) in the Belville magistrate’s court, Mr Besler’s daughter was charged with contravening the speed limit on national roads. She was found guilty and sentenced to R150 or 10 days imprisonment. The daughter, probably on the insistence of her  … Read more

Monday | 23 May | 2022 A resolution that one trustee may act on behalf of a trust

By Sanette Viljoen First of all we need to take note that a trust has no legal personality. The trust is represented by its trustees. It is a distinctive legal personality that is controlled by the deed of trust. Everything the trustees may do and may not do is spelled out in the deed of  … Read more

Monday | 23 May | 2022 Interest if my money lies in attorney’s trust account?

By Sanette Viljoen Enormous amounts of money are paid into an attorney’s trust account, among others the purchase price for homes and farms which the buyer deposited and which lies in the trust account until registration has been finalised. Interest on money deposited with an attorney is regulated by section 78(2)(A) of the Attorneys Act  … Read more

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