Divorce and the New Three-Pot System: Another Risk To Manage
How will the new “Three-Pot Retirement System” (often referred to as a “Two-Pot System”) affect financial arrangements on divorce? Retirement savings can amount to a significant portion of a marriage’s assets, so it’s important to understand the implications of the new system. First, a quick refresher Have a look at our graphic below for a…
Read MoreWaiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward
A “bond clause” – standard in most property sale agreements – typically provides that the whole sale depends on the buyer obtaining a mortgage bond by a specified date. If the deadline comes and goes without a bond being granted, the sale lapses and the buyer is entitled to get their deposit back. Most agreements…
Read MoreWhen Can You Legally Record Conversations?
Your smartphone lets you record just about anything, anywhere, and at any time. Your laptop and other devices can automatically record online meetings. Technology enabling voice and/or video recording is all-pervasive, providing us all with a powerful tool for keeping accurate records, resolving disputes and gathering evidence. But it’s crucial to understand when it’s legal…
Read MoreSibling Showdown: How One Missing Word in a Will Divided a Family
We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings over a poorly-drafted will confirms once again that when it comes to important documents (and it doesn’t get more important than your will!), every word counts. The joint will and the “30-day survivor”…
Read MoreThe Pothole Plague – Claiming Damages
If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet again that those charged with maintaining our roads can be made to pay for failing to do so. R8.6m claimed for a pothole crash A motorist…
Read MoreRising Damp and Failed Waterproofing: How to Sue the Sellers
Consider this all-too-common scenario: You buy your dream house and happily move in. Only then do you discover that the house has major defects, which were never disclosed to you by the seller. You demand the seller pays the repair costs but the seller refuses. So off to court you go, claiming either damages or…
Read MoreIn the Land of the Will, Clarity is King
When drawing up your will (“Last Will and Testament”), remember that “clarity is king”. Ambiguity is one of the cardinal sins of will-drawing because it exposes your loved ones to the risk of uncertainty, dispute, rancour, and quite possibly expensive litigation. Worse, if in the end, a court has to try and decipher what you…
Read MoreBudget 2024: Your Tax Tables and Tax Calculator
How much will you be paying in income tax, petrol and sin taxes? The unchanged transfer duty and tax tables, with a note on fiscal drag Unchanged from last year, so taxpayers can breathe a sigh of relief that rates have not been increased as many forecasters had feared. But the other side of…
Read MoreWhen is Resignation a Constructive Dismissal?
Perhaps you are an employer, and that troublesome employee who you’ve been hoping would resign does exactly that. Saving you, as you see it, from the risk, hassle, and expense of disciplinary or retrenchment proceedings. But are you really home and dry? Or perhaps you are an employee, driven to resign by your employer’s constant…
Read MoreProperty Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection
A good offer comes in for your property, so you accept it. But you’re not happy with a few of the terms, so before you sign you make a few changes to the offer. Maybe they are big changes, maybe they seem inconsequential. Either way, you are now effectively negotiating, not accepting the offer. You…
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