To safeguard against administrative decisions going wrong, the Promotion of Administrative Justice Act of 2000 (PAJA) gives individuals and legal entities the right to fair, lawful and reasonable administrative action. Furthermore, it gives the important right to obtain reasons for administrative actions. Administrative action? Applications for an ID or passport or permit, for example, involve …
The Administration of Estates Act, 1965, determines what must happen with an estate after a person’s death, to ensure that the process is properly managed. This is particularly important if it is a large estate, the assets are varied and there are potential family disputes. Finding the Will The first thing to do is to …
Managing the administration of a deceased relative’s estate Read More »
Sherine Roberts has been promoted to the position of director at Cluver Markotter on 1 February 2017. She joined the firm as a senior associate in the property law department in May 2016. Sherine is a graduate of the University of the Western Cape and has been practising as a conveyancing attorney for eight years. …
Cluver Markotter welcomes Sherine as a director and Jana to the team Read More »
What is co-ownership? Co-ownership involves that two or more people jointly own the same property, for example land. In essence, they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. It is possible to agree that owners acquire the …
Co-owning property with someone else: the ups and downs Read More »
A person can get married by way of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a valid marriage, unless a marriage officer officiates, but the spouses in a religious marriage can be protected by law in certain instances.What are the general requirements for a valid …
Adoption is the legal act of permanently placing a child with a parent or parents other than the child’s birth mother or father. A legal adoption order ends the parental rights of the birth mother and father and places the parental rights and responsibilities with the adoptive parents.There are 4 phases in the adoption process:1. …
The National Veld and Forest Fire Act No. 101 of 1998 (“the Act”) is a legislative tool to help farm owners prevent potential financial and infrastructure losses as a result of fire. The definition of an “owner” in the Act includes a lessee or other person who controls the land in question. This article seeks …
Don’t let the smoke leave you broke: Farmers’ duties regarding fires Read More »
By Sisteen Geyser If a Trust owes you money on loan account and the loan is interest free, or the interest rate charged on the loan is below the official rate of interest (currently 8%), you will be liable for donations tax on the deemed interest on the loan from 1 March 2017. The new …
Interest free loans to trust – not so free anymore? Read More »
By Sisteen Geyser Ever wondered what records should be kept by trustees and whether you can request documents or details from the Master of the High Court, or from the trustees themselves? What are a trustees’ record-keeping duties? The Master may issue a written request to Trustees to account to his/her satisfaction and in accordance …
Trusts – What records should be kept and who can request information about trusts? Read More »
A purchaser is responsible for payment of transfer cost when acquiring an immovable property, but it should further be established if the transaction is subject to the payment of VAT or transfer duty to SARS. When an immovable property is transferred, either VAT or transfer duty is payable. To determine whether VAT or transfer duty …
Transfer of a property: Is VAT or transfer duty payable? Read More »