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It’s a Small World – Estate Planning and Foreign Assets
Most people in South Africa have a friend or family member that has emigrated to countries like Australia, the Netherlands, and Canada for professional or personal reasons. Oftentimes these South Africans still have some ties to the local economy such as a property,...
The Best Interest of the Child Principle
The ‘best interest of the child’ principle is a term that is commonly used by our courts and legal practitioners in matters involving children. This principle serves as a cornerstone in the protection of children’s rights and aims to ensure that all decisions...
Who should be the Executor of my estate?
Harry S. Truman, the 33rd President of the United States of America, famously had a sign on his desk proclaiming: “The buck stops here” - making it clear to all that he takes responsibility for the actions of his administration. Ultimately, the same principle applies...
I have children, do I need a Will?
One of the main motivating factors for people to get a professional Last Will and Testament put into place, is because they want to ensure their children are provided for if they pass away. This is true for new parents or people with young children who are getting...
The ‘Clean Break’ Principle
The clean break principle was first introduced by the Pension Fund Amendment Act 11 of 2007 and allows pension funds to deduct an amount or percentage from a member spouse's pension benefit and transfer to the non-member spouse. The underlying philosophy of this...
Frequently asked questions about mediation
What is mediation? Mediation is a process where a neutral third party (usually an attorney, psychologist, or social worker) assists individuals/families in conflict by facilitating and exploring options to settle a particular dispute. Mediation is an outcomes-based...
Tax and deceased estates
'Nothing is certain except death and taxes' - Benjamin Franklin, 1789. Not much has changed in the more than two centuries since that statement was made. Together with the Master of the High Court, the South African Revenue Service (SARS) plays an integral role in the...
Spousal maintenance in divorce proceedings
The common law recognises a reciprocal legal duty of support between spouses during the subsistence of their marriage. Upon dissolution of the marriage, the reciprocal duty of support comes to an end. Unlike maintenance for a minor child, spousal maintenance is not an...
The When, What and How of a Rule 43 Application
Divorce may be a challenging and emotionally charged process and certain divorces may take years to finalise. Pending finalisation of a divorce, a spouse may require financial support and/or a schedule regulating contact arrangements in respect of the children and/or...