Who your property is passed on to depends on whether you have a valid will or not. If you do have a valid will, then your property will be divided according to your wishes stated therein. If you die without a will (called “intestate”), then your property will be divided amongst your immediate family according to the laws of intestate succession. How can I create a Will? If you are older than 16, you have the right to create a…
IN CONJUNCTION WITH THE INITIATIVE OF THE LAW SOCIETY OF SOUTH AFRICA WE OFFER OUR CLIENTS THE OPPORTUNITY TO HAVE THEIR WILL DRAWN UP BY JAN L JORDAAN INC AT NO CHARGE. As from 1 September until 30 September 2017 we will be offering our services to the public wherein we will be drawing up a WILL AT NO CHARGE. This initiative is in line with the National Wills Week presented by the Law Society of South Africa. The aim of the…
A transaction cannot be subject to both VAT and transfer duty. Transfer Duty: Transfer Duty is payable within six (6) months from the date of acquisition (the date of acquisition is the date on which the transaction was entered into, that is the date on which the last-contracting party signed the agreement). If the Transfer Duty is not paid within this period, interest, calculated at 10% per annum, is payable for each completed month after the initial 6 months. The 6 month…
An antenuptial contract is an important document that, under South African law, determines whether your marriage will exist in community of property or out of community of property, with or without the accrual system. An antenuptial contract offers a number of benefits: Preventing your intended marriage from automatically being in community of property Offering transparency in your relationship by recording the rights, duties and consequences (legal and proprietary) of your marriage Preventing unnecessary disputes with your spouse down the line…
The administering of a deceased estate is regulated by the Administration of Estates Act No 66 of 1965 (as amended) and divided according to a valid will or the Intestate Succession Act No 81 of 1987 (as amended) or a combination of both acts. Various other acts and regulations may, however, also be applicable, like those applicable to income tax (with due allowance for VAT and CGT), Estate duty and Donations tax, and support of surviving spouse. After a death…
Conveyancing (or conveyance) is the legal term for the process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property and ensures that this ownership cannot be challenged. It also covers the process of the registration of mortgages. Conveyancing in South Africa can only be carried out by an admitted conveyancer, i.e. a lawyer who has passed the National Conveyancing Examination. After an agreement of sale has been made, a conveyancer is appointed…
What is co-ownership? Co-ownership is when one or more people jointly own the same property. In essence, it is when they legally share ownership without dividing the property into physical portions for their exclusive use. It is thus commonly referred to as co-ownership in undivided shares. It is possible to agree that owners acquire the property in different shares; for instance, one person owns 70 percent and the other 30 percent of the single property. The different shares can be…
A person can get married in terms of a civil marriage, customary marriage, civil union or religious marriage. A religious marriage is not recognised as a valid marriage, but the spouses in a religious marriage can be protected by law in certain instances. What are the general requirements for a valid marriage? Both persons to the marriage must give consent to get married and must be older than 18 years of age. A person younger than 18 years of age,…
If you are planning to buy a new property, you will need to get the title deed transferred into your name to prove that you are the owner of the property. You will need the assistance of a lawyer specialising in property transfers (also known as a conveyancer) to help you transfer the title deed into your name. You will only become the owner of the property when the Registrar of Deeds signs the transfer. After it has been signed,…
The South African Consumer Protection Act, No. 68 of 2008 was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised consumer rights. The Consumer Protection Act define a consumer as any person to whom goods and services are marketed, who is a user of…