fbpx
 

Blog & Articles-old

Hammond Pole Attorneys – Serious about service
Hammond Pole Attorneys > Blog & Articles-old (Page 4)

What should be in your last Will & Testament – the greatest gift you can leave your loved ones

Nearly 75% of South Africans die without a valid Will in place. This means that the deceased estate Will be divided according to the Intestate Succession Act, 1987 (Act 81 of 1987).  According to the Act, without a valid Will in place the assets of the deceased are divided according to a set formula among your surviving spouse, children, parents, or siblings. The lack of a valid Will is all-too common among South Africans. So, why don’t more people set up their Will?   Many people think they simply don’t qualify for a Will, but they’re usually mistaken.      You need a valid Will if...

Continue reading

My father has passed away and I have inherited his property

A Blog article by: Tania Abbotts    My father has passed away and I have inherited his property – I am struggling to evict the current tenants – is it possible to evict before it has been transferred into my name? Would a letter of executorship be relevant in this situation? What about notice in terms of the rental agreement?    If a person passes away and has a last will and testament, then as legal practitioners, we administer the estate as per the directions set out in the last will and testament. This means that the deceased would have elected who would be...

Continue reading

Conveyancing fees – what are you paying for

Blog article by: Michelle Orsmond    Purchasing your dream home is one of the most significant investments you will ever make. However, first-time buyers are not always fully aware of the costs associated with purchasing a home and what the services they are paying for entail.   The conveyancing services that a firm typically offers, includes the preparation and gathering of all documents required to finalise the registration of a sale once it is lodged with the Deeds office.   But not all property transactions are the same - each one carries its own delays and challenges, and a conveyancer needs to assist both the seller...

Continue reading

My fiancé has paid my family lobola but we will only be getting married in two years

- What are the legal ramifications and what are my rights?   A blog article by Tania Abbotts   South Africa is a unique country due in part to the many different cultures, religions and customs within our beautiful rainbow nation. This is why we have so many different kinds of recognised lawful marriages: civil union, marriage, customary marriage etc. I have seen an increase in matters being taken to court regarding customary marriages mainly because it is uncertain at what point a customary marriage is deemed a lawful marriage and thus subject to the protection and obligations afforded to married couples.   Section 3(1) of...

Continue reading

How laws change in South Africa and how women throughout our history have made an impact on legislation

Blog article by: Jacolene Jansen van Vuuren   A woman’s place is in changing the world. It is only over the last three or four decades that women's role in the history of South Africa has actually been given some recognition. As we celebrate Women’s Month we commemorate the history of women’s struggle in South Africa and the role of women in the progress towards the new South African democracy. In the not-so-distant past, it was the men who had the lion’s share of authority in society; women were seen as subordinate. A woman’s role was primarily a domestic one; it included raising...

Continue reading

Is there ever grounds to cancel an offer to purchase?

Blog article by: Neil Mc Kinon Signing an offer to purchase is an exciting time for any buyer. The freedom of owning one’s own property or the thrill of a new investment is a major drawcard for property buyers. But signing an offer to purchase can also come with some buyer’s remorse and the question most often asked is “can I get out of the agreement once I’ve signed?” The answer complex, but in short, no. The terms and conditions in an offer to purchase are designed to protect both the buyer and the seller and prevent either party from unilaterally changing their mind...

Continue reading

The property I bought has since been damaged, what happens now?

A blog article by: Neil Mc Kinon It’s a nightmare scenario for any buyer: “We are in the process of buying a property in KZN. We have signed the transfer documents from the transferring attorney but not the home loan documents from the home loan attorney. We have NOT occupied the property yet. The house has been damaged significantly by the recent floods. We are not confident that the owner will pay for the damages even though the deed has not been lodged with the Deed’s Office. We won't be able to afford to fix the damages ourselves. If we decide...

Continue reading

Everything you wanted to know about sick leave

A blog article by: Carla de Waal It’s inevitable: There are days when one feels ill and cannot report to work or might have a medical emergency that requires rest and recuperation. Sick leave is regulated by Sections 22(1) to 22(4) of the Basic Conditions of Employment Act ("the Act"), and a sick leave cycle starts as soon as an employee begins employment.   What exactly is a sick leave cycle? During 36 months beginning on the first day of employment, employees are eligible for paid sick leave with the same employer. The number of sick days should be equivalent to the exact number...

Continue reading

I am going through a divorce. My soon-to-be ex-partner has hidden assets, what are my options and what are the potential consequences for my partner?

Blog article by Tania Jones    If you are married in community of property or married out of community of property with the accrual system applicable, the biggest obstacles that divorce attorneys and their clients face occurs when a spouse hides their assets.  This usually happens during the divorce or in the months and even years leading up to the separation of the parties.    How people attempt to hide assets  During the actual divorce, a spouse simply does not include all of their assets when they list their assets and liabilities.    A spouse will increase their expenses and liabilities to try to diminish...

Continue reading

You’re almost an official homeowner. Here’s a closer look at what happens at the Deeds Office

A blog article by: Brendan Michie  The Deeds Office is responsible for the registration, management, and maintenance of the property registry of South Africa and is responsible for the accurate examination, registration and record-keeping of all property transactions.  It currently takes between 7 and 21 working days for a property to be registered at the Deeds Office.     But what actually happens at the Deeds Office?   In a nutshell, the Deeds Office procedure for registration follows several steps. A deed is examined on both a junior and senior level before arriving at the desk of a senior registrar who confirms whether the deed is passed...

Continue reading
google amca seni sikerrrrr