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Executor Law
A maintenance order feels permanent while it is being paid every month. It has a court’s authority behind it, a case number, and a payer who has (hopefully) been reliably meeting it for years. So when that paying parent dies, the recipient is often left with an urgent and confusing question: does the maintenance simply...
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South Africans who have worked abroad, whether for a few years in London or a full career in Australia, the Middle East, or elsewhere, often come home with more than savings. They come home with a foreign pension, a superannuation account, or a retirement annuity that has been quietly growing for years. What most of...
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Property bought in a trust’s name looks, on paper, almost identical to property bought in a person’s own name. The deed of sale is signed, a conveyancer is appointed, and the transfer proceeds through the same Deeds Office system. Underneath that familiar process, however, buying through a trust changes who is legally responsible for the...
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Most families dealing with an aging parent’s finances assume a signed power of attorney will carry them through, whatever happens. It is a reasonable assumption, and it is wrong. In South Africa, a power of attorney does not survive the moment the person who signed it loses the mental capacity to manage their own affairs....
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When a parent or grandparent dies and leaves something to a child under 18, most families assume the money simply sits safely until the child comes of age. What actually happens is more specific, and more restrictive, than most people expect. Unless a will directs otherwise, a minor’s inheritance in South Africa is paid into...
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Most South Africans have, at some point, needed a document “stamped by a commissioner of oaths” or signed “in front of a notary.” The two terms get used almost interchangeably in everyday conversation, and that confusion causes real problems. A document that requires notarial execution cannot be validly signed in front of a commissioner of...
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South Africans have always had an appetite for offshore property. Whether it is a holiday apartment on the Portuguese coast, a buy-to-let in the United Kingdom, a second home in Mauritius, or an investment property in Australia, cross-border property ownership is increasingly common among South Africans who have built wealth over a lifetime of work....
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If you have ever bought or sold a property in South Africa, you will have encountered the word conveyancer. It appears in sale agreements, in transfer cost breakdowns, and in the stream of emails that accompany any property transaction. Most buyers and sellers nod along, aware that a conveyancer is involved, less certain about what...
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When someone dies, the focus of family members naturally turns to grief, funeral arrangements, and eventually to questions about inheritance. What receives far less attention, and what often surfaces as an unwelcome surprise during estate administration, is the question of debt. Most South Africans carry some form of debt during their lifetime. A home loan,...
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Losing a spouse is one of the most disorienting experiences a person can go through. In the days and weeks that follow, most surviving spouses describe the same thing. A fog that makes even simple decisions feel impossible, while the world around them expects answers, signatures, and action. This guide is not a legal textbook....
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