In terms of current legislation, the Road Accident Fund (RAF) is entitled to offer undertakings or guarantees to a Plaintiff who is in the process of instituting a claim against the Fund. The fact that an undertaking is offered instead of a traditional lump sum payment has certain positive and negative aspects to it. It […]
Month: October 2015
Are there limitations on ownership rights?
It is a recognised principle of property law that ownership does not confer absolute and unlimited entitlement on the owner, but that various limitations exist in the interest of the community and for the benefit of other people. The most important limitation on the owner in the interest of the community as a whole is […]
Implications of estate duty
Estate duty is charged on the dutiable value of the estate in terms of the Estate Duty Act. The general rule is that if the taxpayer is ordinarily resident in South Africa at the time of death, all of his/her assets (including deemed property), wherever they are situated, will be included in the gross value […]
The importance of the independent trustee
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. As a result of the Parker case, most Masters of the High Court now require […]