IN CASE OF EMERGENCY DOCUMENTS

The devastating fires in Knysna and Plettenberg Bay are a good reminder to keep all your important documents stored together and a digitally encrypted copy saved in the cloud. Having your documents readily available is not only important for these kinds of emergencies but can be helpful in keeping your financial life organised and in ensuring that if something happened …

CO-OWNING PROPERTY WITH SOMEONE ELSE: THE UPS AND DOWNS

What is co-ownership? Co-ownership is when one or more people jointly own the same property. In essence, it is when they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. It is possible to agree that owners acquire the property in different shares; for …

CREDIT BUREAUS: CAN I BE BLACKLISTED?

There is no such thing as a black list. It simply means that there are negative data on your credit report that is hosted at a Credit Bureau. This negative data can be anything, from a plain collection on one of your loans right through Judgment data or even Debt review. This negative data will have an impact on your …

WHEN MUST YOU CONSULT THE FAMILY ADVOCATE?

You may consult the Family Advocate if you have a dispute relating to either the best interests of a child and/or parental responsibilities and rights. Other circumstances under which the family advocate may be consulted include: When parties require assistance in drafting parental responsibilities and rights agreements and to register such with the Family Advocate or to amend, and/or terminate …

IS YOUR BUSINESS POPI COMPLIANT?

POPI refers to South Africa’s Protection of Personal Information Act which seeks to regulate the Processing of Personal Information. What is Personal Information? Means any information relating to an identifiable, living natural person or juristic person (companies, CC’s etc.) and includes, but is not limited to: Contact details: email, telephone, address etc. Demographic information: age, sex, race, birth date, ethnicity …

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. What is an independent trustee? As a result of the Parker case, most Masters of the High Court now require …

How to apply for spousal maintenance?

Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials. This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support’. The duty to maintain is based on blood relationship, adoption, …

Do I need an antenuptial contract before marriage?

An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system. An antenuptial contract offers a number of benefits: Preventing your intended marriage from automatically being in community of property Offering transparency in your relationship by recording …