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outside offers when buying immovable property

OUTSIDE OFFERS WHEN BUYING IMMOVABLE PROPERTY

The “outside offer” normally forms part of the wording of the suspensive condition pertaining to the sale of the purchaser’s property. This means that the purchase of the property is subject to the purchaser being able to sell his/her existing property. Generally the proceeds of the sale of the

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HOW IS IMMOVABLE PROPERTY DEALT WITH IN DIVORCE?

If immovable property is registered in a deeds registry and it formed an asset of a joint estate of spouses have been divorced, and one of them has, in terms of a divorce order acquired the share of his or her former spouse in the property, the registrar may,

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WHY A LAST WILL AND TESTAMENT IS SO IMPORTANT

Think of your Last Will and Testament as a final love letter to your partner, children or family. Not in the usual sense of the word but rather as a note from the grave that will bring comfort in a terrible time of grief. They will know because you

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CAN A TRUST PROTECT YOUR ASSETS IN A DIVORCE?

​The principal understanding of a South African trust is that there must at all times be a separation of ownership or control of trust assets, from enjoyment of trust benefits. This principle is reinforced by section 12 of the Trust Property Control Act, No. 11 of 2018 which states

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APPOINTING A GUARDIAN IN YOUR WILL

Biological mothers, biological fathers who qualify to have parental responsibilities and rights and any other holder of full parental responsibilities and rights are guardians of children.  These guardians may appoint a third party or third parties to act as a child’s guardian(s). A parent who is the sole guardian

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ESTATE PLANNING FOR SINGLE OR DIVORCED PARENTS

No parent wants to think about what will happen to their kids should they die prematurely… But if you’re a single or divorced parent, this life circumstance can have more complications than you planned for. South Africa counts among countries with the highest numbers of children who are being

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DIVISION OF A JOINT ESTATE IN A DIVORCE

The common misconception made by parties in a divorce action based on a marriage in community of property is that the Court will decide on how the division of the property will take place, i.e. which party will remain owner of the immovable property or in most cases the

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THE VALIDITY OF WILLS

In terms of the Wills Act, when someone executes his or her will, it must be done in accordance with certain rules/formalities. A will that is not executed in accordance with these formalities is invalid, i.e. it is of no force and effect and the contents of the will

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HIDING YOUR ASSETS DURING A DIVORCE

One of the most noteworthy issues individuals encounter during a divorce is dividing up their assets. For some individuals the issue is even more precarious especially if one spouse seems to be hiding their assets. It is however quite common for spouses to hide money and assets prior to,

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THE WHOLE TRUTH AND NOTHING BUT THE TRUTH

If you or your loved ones need legal assistance, it’s important to remember one thing: being up front and forthcoming with your attorney about the facts of the case is a necessity. Without understanding the complete truth about a case, it’s much more difficult for your attorney to build

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