How to change your marital status to another form of marriage contract
Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change the matrimonial property system which applies to their marriage. Requirements The decision in Lourens et Uxor 1986(2) SA 291 (C) sets out guidelines that the courts follow with regard […]
Appointment of the Executor of my will
This is a subject which causes more and more discussion and people become more knowledgeable about Executor’s fees and how it is calculated. As mentioned in previous articles, the maximum Executor’s fee is fixed by law. The current maximum permissible Executor’s fee is 3.5% of the gross estate value plus 14% VAT (should the Executor […]
Common law marriage in South Africa
In South African law there is no such thing as a common law marriage. People simply believe that living together with another person for a continuous period of time establishes legal rights and duties between them. This is a common misunderstanding especially with young adults. The only way to be protected in our law is […]
Can you apply for a protection order against Domestic Violence, and what is the meaning of a “domestic relationship”?
The Domestic Violence Act 116 of 1998 (“the Act”), came into operation on 15 December 1998. The purpose of this Act is to protect victims of domestic abuse. It sets out the procedure for a person to apply to court for a protection order. Any person applying for this order is referred to as the […]
Dealing with marriage and estate planning
It is important to understand the legal implications of the marital property regime, especially when drafting a Last Will and Testament and also when entering into a marriage, as the regime chosen by the estate planner is going to affect his/her assets. The most important forms of marriage are: marriage in community of property, marriage […]