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Monday | 21 September | 2020 Is estate duty payable by the surviving spouse?

By Sanette Viljoen Is estate duty payable by the surviving spouse, if the surviving spouse inherits everything? Estate duty is a headache for any heir. However, is estate duty payable by the surviving spouse if he or she inherits everything? This question arises frequently and is sometimes overlooked in estate planning. In answer to the  … Read more

Monday | 21 September | 2020 How is the accrual dispensation handled in a will?

By Sanette Viljoen In a marriage the parties have a choice regarding the dispensation of their matrimonial property. There are three options: The parties may decide to marry in community of property, in which case the man and woman will be the joint owners of the joint estate, each one with regard to one half  … Read more

Monday | 21 September | 2020 What is an ombudsman and how do I reach him?

By Sanette Viljoen The public aren’t always aware of the different types of ombudsman in South Africa. Furthermore, the man in the street is also unsure of how he can be reached. What is an ombudsman? An ombudsman is an appointed official or instance with the authority to investigate an individual’s complaint against a company  … Read more

Monday | 21 September | 2020 Bequeathing firearms in a testament and safekeeping thereof

By Sanette Viljoen The transfer of firearm licenses should not delay the estate administration process in any way. Like any other asset in the estate, a valuation needs to be done of the firearm as part of the administration process and the firearm will then be indicated as an asset in the liquidation and distribution  … Read more

Wednesday | 09 September | 2020 Who should be notified of possible retrenchments?

By Rachelle van Staden Retrenchments are regulated by section 189 of the Labour Relations Act (No. 66 of 1995), hereafter referred to as the Act, and this Act allows employers to retrench employees due to operational requirements. Operational requirements are defined as requirements based on economic, technologic, structural or similar needs of the employer. Dismissal  … Read more

Wednesday | 02 September | 2020 What should be included in a 189(3) notice?

Section 189 of the Labour Relations Act (No.66 of 1995) regulates the process to be followed when an employer considers retrenchment. Subsection 3 deals specifically with the notice an employee should receive at the beginning of such a process. The further subsections, a to j, specifically stipulates what is to be included in the notice.  … Read more

Wednesday | 26 August | 2020 Excellent court case on ongoing and false land claims

By Sanette Viljoen Many landowners are victim to real bully tactics by land claim commissioners in different provinces. In many cases false land claims are submitted that are simply never withdrawn. The drawback of this is that these land claims are drawn out for years and hovers over the farmer’s head like a sword. The  … Read more

Wednesday | 26 August | 2020 Which attorney is going to handle transfer of the property?

By Sanette Viljoen The standard deed of sale of fixed property contains a clause that stipulates which attorney is going to handle the transfer of the property. Is it obligatory that this attorney be used as the transferring attorney and is it his responsibility to carry into effect all the provisions in the deed of  … Read more

Wednesday | 19 August | 2020 May I rent my sectional title unit as holiday accommodation?

By Sanette Viljoen A lot of people own a sectional title unit at the coast, which they only use a few times per year. May I rent out my sectional title unit as holiday accommodation? Nowadays short-term holiday lettings are all the vogue, with an increasing number of websites that enable the owner to rent  … Read more

Wednesday | 05 August | 2020 The POPI Act in a nutshell

By Melodie Veldhuizen People regularly get phone calls from unknown numbers, with people who without want to introduce you to a service or product out of the blue. Or your email or phone is swamped with unwanted emails (usually junkmail) or SMSs. You could perhaps have been the victim of identity fraud. The good news  … Read more

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