In a recent article we explored the legal validity of documents which have been signed electronically. Though the legal profession recognises the central role of technology in society, section 4(4) of Electronic Communication Transaction Act (ECTA) mentions that it does not give validity to data messages as a method of executing a valid will. Rather, wills are […]
The long-awaited Recognition of Customary Marriages Amendment Bill (the “Amended Bill”) has finally been passed by Parliament and it is anticipated that it will be signed into Law by the President of the Republic of South Africa soon. The Amended Bill is as a consequence of two Constitutional Court judgments, Gumede and Ramuhovi , which found that certain sections of the Recognition of
In the absence of an Antenuptial Agreement, the proprietary consequences of a marriage are determined by the legal system of the country where the husband is domiciled at the time of the marriage. What does this mean? It means that the laws of the country that the husband regards as his permanent place of residence /domicile
In our previous article we looked at the concept of domicile and its importance in determining whether the parties are married according to the Laws of South Africa or the laws of a foreign country. Foreign marriages in particular often prove to be an area of uncertainty for estate agents and the parties involved when it comes
South Africa, with its diverse cultures and religions, is home to a variety of marriage types, and over time several laws have been passed to cater for and protect those unique marital relationships. Marriages are registered with the Department of Home Affairs and are governed by the Marriages Act, 1961; the Recognition of Customary Marriages Act, 1998 or
One of the questions that has frequently been raised following the unprecedented period of violence and looting which KwaZulu-Natal and Gauteng have recently suffered is whether or not insurance companies will provide cover to individuals and companies who have suffered damages, and if not, whether they have any other avenues to attempt to recoup their
Owners in a sectional title scheme often view their balconies as being an additional part of their section, which can be enclosed and converted into the perfect sunroom or extra entertainment area. The problem with this, however, is that if the proper procedure is not followed, this could lead to unnecessary costs, frustration, and of
The reality of life is that there are times when our loved ones become incapacitated by illness, mental health challenges or perhaps age-related issues. Such circumstances may leave them unable to care for themselves and their finances, which can make them particularly vulnerable. Fortunately, our law makes provision for these situations. If you know of
The death of a loved one will generally be an emotional experience for the surviving family members. In addition to grieving, the family also assume the burden of taking care of the deceased’s personal affairs, which can be a fairly daunting task. Having a valid last will and testament in place to navigate during these
(For purposes of this article we are dealing with an estate with a valuation which exceeds R250 000 and where the deceased left a will.) Provided the deceased didn’t impose any sale restrictions in his will, the executor is allowed to sell the immovable property. There are however a few things to consider when attending
