What is the sequestration process?

The sequestration process involves a court application. The applicant in the application is either yourself for your own sequestration (voluntary surrender) or the applicant is one of your creditors (either a friendly or aggressive creditor). The applications are similar and although there are some different requirements for each, the result is the same.   Voluntary […]

Common law marriage in South Africa

In South African law there is no such thing as a common law marriage. People simply believe that living together with another person for a continuous period of time establishes legal rights and duties between them. This is a common misunderstanding especially with young adults.The only way to be protected in our law is to […]

How do I register a trust?

A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your wealth for your family and children. A well-managed trust will make sure that anyone who is a beneficiary of the trust benefits from it. The trustees have the important […]

Occupiers who can’t be evicted under the EST Act

The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (PIE Act) provides, inter alia, the procedures for the eviction of unlawful occupiers. Section 1 of the PIE Act defines an “unlawful occupier” as someone who occupies land without the express or tacit consent of the owner or person in charge or […]

The Living Will

Most people are familiar with a will or testament and understand the importance of having this legal declaration drafted, by which the testator nominates an executor to manage his or her estate and provide for the distribution of his or her property to beneficiaries when he or she dies. But how many people have considered […]

Be careful what you write or say

Many people may not consider the things that say in public or write online. This is often because of the right of freedom of expression. However, defamation can be a harsh reality for those who believe they can say what they want without consequences. Typically, the law of defamation attempts to strike a balance between […]