Cluver Markotter

Estate

Speeding in private residential estates: Are penalties enforceable? by Johanei Borstlap

In Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh & others (323/2018) [2019] ZASCA 30 (28 March 2019) considered an appeal against a judgment of the High Court of KwaZulu Natal which held that the enforcement of speed limits by a home owners’ association against its members was unlawful. The Appellant …

Speeding in private residential estates: Are penalties enforceable? by Johanei Borstlap Read More »

Family rights to immovable property after death of the owner By Sisteen Geyser

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 the children. However, …

Family rights to immovable property after death of the owner By Sisteen Geyser Read More »

When should you report the Deceased Estate of a Non-Relative to the Master?

What happens when somebody who is not a relative passes away, and you are aware that the person has assets, but no family to take care of the estate? When does it become your responsibility to report the estate to the Master? What are your responsibilities regarding the assets of the deceased? Section 7 of …

When should you report the Deceased Estate of a Non-Relative to the Master? Read More »

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 …

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