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Jun 28, 2016

Trusts as financial and estate planning tool

Trusts can serve two important functions; that is to protect assets as well as create certain tax benefits. Some examples are the following: Firstly, in a […]
Jun 28, 2016

National free Wills Week 12-16 September 2016

In 2007 the Law Society of South Africa started the Initiative known as “National Wills Week” which aims at giving all people in South Africa access […]
May 27, 2016

TRUE LOVE, OR EASY MONEY?

Summary: Your soon to be ex-spouse has moved on and is now happily living with a new partner. They are in a stable, supportive relationship and […]
May 27, 2016

BEWARE OF TRANSFERRING IMMOVABLE PROPERTY TO A MINOR CHILD

It seems like a sound investment to transfer immovable property to your minor child. The property remains separate from your estate, away from potential third party […]
Apr 26, 2016

SHOULD YOU ASK FOR A RISK SURVEY FROM YOUR INSURER?

In a recent unreported decision in the High Court of South Africa, North Gauteng High Court, the Court was again faced with the principles regarding disclosure […]
Apr 26, 2016

SALE OF BUSINESS GOODWILL: PURCHASER BEWARE!

When buying a business as a going concern, inclusive of the goodwill attached thereto, are you sufficiently protected in the agreement of sale against the former […]
Mar 17, 2016

CO-OWNERSHIP OF LAND

The word “co-ownership” in relation to land means that two or more persons own land simultaneously in undivided shares. A share in land does not represent, […]
Mar 17, 2016

USUFRUCT, USUS AND HABITATIO: WHAT IS THE DIFFERENCE?

Usufruct, usus and habitatio are personal servitudes. These servitudes are sometimes considered as an estate planning tool to reduce estate duty, but testators don’t always realise […]
Feb 25, 2016

ARE SHEBEENS LEGAL?

This article has been removed. We apologise for the inconvenience, please contact leslie@caf.co.za should you have any queries.
Feb 25, 2016

SLOW DOWN THERE, SPEEDY

It’s a classic scenario: Mandie is cruising along at 31 km/h over the speed limit in an attempt to keep up with the rest of the […]
Feb 25, 2016

DIFFERENCES BETWEEN PUBLIC AND PRIVATE SCHOOLS IN SOUTH AFRICA

In terms of Section 5 (3) (a) of the South African Schools Act No 84 of 1996 no learner may be refused admission to a public […]
Feb 25, 2016

CAN I STILL MAKE A CASE OF UNFAIR LABOUR PRACTICE IF I HAVE SETTLED?

In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts […]
Aug 12, 2015

TO PROSECUTE OR NOT

An action may be a crime or a delict but where your actions were trivial, a court has the discretion to decide not to prosecute or […]
Aug 12, 2015

IS IT BENEFICIAL TO CREATE A TRUST?

A Trust can be described as a legal entity which is created by the founder, who places assets under the control of the Trustees. This either […]
Aug 12, 2015

WHAT IS THE ROLE OF THE FAMILY ADVOCATE

The Family Advocate has many duties but in the context of Divorce Law, they are usually consulted to ensure that all Parenting Plans and divorce Consent […]
Aug 12, 2015

ROAD CYCLISTS VS. MOTORISTS

The popularity of road cycling as a competitive sport and a form of transportation is on the rise. This naturally leads to major safety concerns and […]
Jul 28, 2015

TO REGISTER OR NOT – THE RISK OF PLAYING BANKER

Purchasers are having increased difficulty in obtaining finance for the purchase of farms and other agricultural land. Many sellers of these properties consider granting their purchasers […]
Jul 28, 2015

CONSIDER YOUR CLAIM CAREFULLY: SOME OF THE NEED TO KNOW FACTS IN THE EVENT OF A THIRD PARTY CLAIM AGAINST THE RAF (ROAD ACCIDENT FUND)

The Road Accident Fund (hereinafter referred to as the RAF) has over the years created the assurance that public road users will be covered in the […]
Jul 28, 2015

WHAT CONSTITUTES FAIR DISMISSAL?

Labour law emphasises that every employee has the right not to be dismissed unfairly. The Act defines the meaning of dismissal, as well as provides us […]
Jul 28, 2015

THE SEQUESTRATION PROCESS

The sequestration process involves a Court Application. The Applicant will be either yourself, in the event of voluntary surrender, or one of your creditors (either a friendly […]