Key Benefits and Risks of Setting up a Trust
A trust is a legal arrangement where ownership of property is transferred to trustees, who manage it for the general benefit of identified beneficiaries or to fulfil clearly defined objectives set out in the trust deed. Trusts fall into two main categories, depending on when they are created. An inter vivos trust is created during […]
Who Protects Your Deposit When Property Deals Collapse?
Property transactions rarely unravel overnight. A deal that starts smoothly with a signed Offer to Purchase (OTP) and a paid deposit can quickly run into delays, disputes, or outright collapse. When that happens, one question matters most: who protects the buyer’s money? A string of interest rate cuts over the past few years has seen […]
A Guide to Spousal Maintenance after Divorce
Divorce often raises many questions about what life will look like after the marriage has ended. One of the most significant concerns is financial security, particularly where one spouse has been financially dependent on the other during the marriage. From the outset, it is important to understand that a former spouse is not automatically entitled […]
The Relationship the Law Forgot to Recognise
Cohabitation Doesn’t Mean You Share Legal Rights Many couples move in together, split the rent, raise children, and quietly assume that the law sees them as something close to being married. The reality is that South African law does not recognise a general common-law marriage, and cohabiting partners do not receive automatic matrimonial property rights. […]
Tips for First-Time Property Sellers
First-time sellers often focus only on the asking price, take a few photographs, list the property, and wait for the first offer. Good marketing matters in property sales, but it’s rarely where the issues show up. What causes problems is discovering the real risks only after a buyer is already interested. Missing documents, municipal issues, […]
Who Is Liable When a Casual Worker Falls Off Your Roof?
If you hire someone directly to clean gutters, repair a roof, or do similar work at your home, and that person falls and is injured, liability is not always simple. In many cases, the answer depends on whether that person is treated as your employee for legal purposes, whether you complied with compensation law, and […]
Can a Voice Note, Email, or Draft Ever Count as a Will?
South Africa’s Wills Act 7 of 1953 remains unchanged in 2026. Voice recordings, emails, and unsigned drafts do not automatically qualify as valid wills, but courts retain a narrow discretion to use them in exceptional circumstances. The rise of digital communication has prompted a recurring question in estate practice: if someone records their final wishes […]
Rental Crisis Hits the Western Cape
High Demand and the Growing Risk of Exploitative Practices If you’re renting in the Western Cape, you already know how tough it is to find a decent property that suits your budget. Cape Town has become one of the most expensive cities to rent in South Africa, with demand far outstripping its supply. The steady […]
The Most Common Contract Clauses That Cause Disputes
Most commercial disputes do not arise because parties act in bad faith. They arise because the contract they signed was poorly drafted. Ambiguous payment terms, vague termination provisions, and misunderstood penalty clauses routinely turn straightforward business relationships into costly litigation. In South Africa, contract law is grounded in the principles of freedom of contract, good […]
When Relationships End, the Lease Doesn’t
It’s an unfortunate reality that separation often affects both your emotions and your finances, especially when the affected couple is bound by a lease. In these situations, landlords and tenants face many risks when the last thing on anyone’s mind is the paperwork that comes with moving on. However, ignoring the admin that goes with […]