The National Wills Week, a social-outreach and access-to-justice initiative of the Law Society of South (LSSA), from 11 to 15 September 2023, highlights the importance of having a valid will. A will is a legal document that determines how your assets will devolve upon your death. It ensures that your estate is distributed according to …
Two recent judgments of the Western Cape High Court on interim orders pending divorce proceedings indicate a change of approach. In deciding on applications under High Court Rule 43 the Court in these cases appears to caution against unduly favourable interim maintenance orders and unduly hefty contributions towards the legal costs of applicants. Rule 43 …
Interim court orders in divorce proceedings: A change in approach Read More »
When does an undertaking to pay maintenance, forming part of a divorce settlement (consent paper) and incorporated into an order of court, become prescribed in terms of the Prescription Act No. 68 OF 1969? This was a question the Western Cape High Court recently had to decide, in SA vs JHA & Others (7531/2020) [2020] …
Wills should have clear provisions on the rights of family members to immovable property after the owner dies. One way (the simplest) is to direct in the will that the property be sold and the proceeds divided among the children. This will avoid any joint ownership that could lead to disagreements among his children. However, …
Family rights to immovable property after death of the owner by Trust and Estates Read More »
A twice-married and twice-divorced couple were involved in a dispute over immovable property with a creditor of the husband, in Fischer v Ubomi Ushishi Trading and Others 2019 (2) SA 117 (SCA), a case decided by the Supreme Court of Appeal earlier this year. Mr and Mrs Haynes, who were married in community of property, …
Immovable property: marriage, divorce and creditors by Bianke Wallendorf Read More »
The default matrimonial property law regime in South Africa is a marriage in community of property. This happens by law if parties sign a marriage register (which is usually signed on the day of the wedding) without having signed an Antenuptial Contract before signing the marriage register. The parties to such a marriage share one …
Antenuptial contracts: With or without the accrual system? Read More »