“Let’s choose executors and talk of wills” (Shakespeare) If you haven’t made your will yet, get it done now.  Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions – 1.“I’m too young to need a...Read More

Effective 1 March 2017, section 7C put a stop to the well-used technique of shifting value to trusts using interest-free orlow interest loan accounts, which pegged the value of the asset transferred, thus avoiding estate duty on future asset growth. Section 7C deems interest to accumulate on the difference between the interest charged and the official...Read More

A Supreme Court of Appeal (SCA) decision below illustrates how essential it is, before getting married, to have your lawyer structure your antenuptial contract (ANC) correctly, and with as much detail as is needed for certainty. A multi-million Rand fight over trust assets A divorcing couple had married and divorced three times. They had in respect of...Read More

If your aging parents have asked you for help with making decisions as to their personal welfare, financial affairs, medical treatment and so on, asking them to sign a power of attorney in your favour may be the answer.  Just be aware that it is only a temporary solution. Let’s firstly distinguish between the two types...Read More

You leave your precious car for a wax and polish at a car wash, and a thief steals it.  Can you sue the car wash for the value of your car? A case in point In a matter before the Supreme Court of Appeal, a car owner had left his vehicle (keys inside) at a...Read More

You are a director of a company entering into a good, sensible property deal which you have researched thoroughly. So when you need finance from the bank and the bank says “sure, your company can have a R5m loan, just sign this personal suretyship here”, you sign. It’s only when everything falls apart down the...Read More