Tag: Property Law

A divorce settlement agreement is usually the last document a couple signs together. Once a court makes it an order, undoing it is difficult and expensive. In part one of this series, we looked at GD v Minister of Home Affairs and Others [2026] ZACC 39. On 9 October 2026, the Constitutional Court ruled that pension interest can now form part of a redistribution claim where a couple married out of community of property, with accrual excluded, on or after 1 November 1984. This second part looks at what that means for anyone negotiating a settlement. Redistribution is discretionary, not automatic The judgment does not mean pensions are now split

On 9 October 2026, the Constitutional Court handed down a judgment that changes what some divorcing spouses may be entitled to. In the first part of this two-part series, we look at what the Court decided and why. Part two covers what the judgment means for anyone negotiating a divorce settlement. In GD v Minister of Home Affairs and Others [2026] ZACC 39 (CCT 60/25), a unanimous Court confirmed that section 7(7)(c) of the Divorce Act 70 of 1979 is unconstitutional and invalid. That provision kept a spouse’s pension interest out of any redistribution of assets where the couple had married out of community of property, with the accrual system

A will is one of the most important, and most misunderstood legal documents you’ll ever sign. Whether you’re drafting one for the first time or wondering if yours still holds up, here are ten things every South African should know. 1 No will? The law decides—not you. Die without a valid will and your estate is distributed according to the Intestate Succession Act, not your personal wishes. The rules are fixed and don’t account for blended families, unmarried partners, or informal arrangements. 2 You must be at least 16 to make a valid will. Anyone 16 or older, of sound mind, can make a valid will in South Africa. There’s

Drafting a will is often treated as a once-off task, something to tick off the list and forget about. In reality, a will is a living document. It should grow and change alongside your life. Marriage, divorce, the birth of a child, the loss of a spouse, or even something as practical as buying a house can all affect whether your will still reflects your true wishes. An outdated will can lead to confusion, disputes, and outcomes you never intended for the people you care about most. At Hammond Pole Attorneys, we help clients not only draft valid, legally sound wills, but also review and update them as life moves

Elandri BrecherAttorney · Debt Review, General Litigation, Wills & Deceased Estates, Family, Commercial, Contract and Labour Law It usually starts the same way. Something goes wrong — a landlord won’t return a deposit, a spouse stops paying maintenance, a business partner disappears with the books — and instead of calling an attorney, the first move is to open Google. Or ChatGPT. Or a Facebook group with 40,000 members and a name like “South African Legal Advice.” Within minutes, there’s a template, a WhatsApp voice note from a cousin’s friend, and a confident answer to a question that was never really understood in the first place. The problem isn’t that people

Pumlile MakalimaAdmitted Attorney of the High Court of South Africa · Banking & Finance Department, Hammond Pole Attorneys Some of the costliest legal mistakes people make have nothing to do with a bad contract. They come from having no contract at all. When there is no document to point to, there is no record of what was agreed, no proof of intention, and often no protection when things go wrong. Below are five situations where the absence of a signed agreement tends to cause the most damage — emotionally and financially. 1 Business partnerships without agreements Many businesses start on a handshake between friends or family, with everyone assuming the

Elandri BrecherAttorney specialising in Debt Review, General Litigation, Wills & Deceased Estates, Family, Commercial, Contract, and Labour Law. What Happens When Someone Dies? When a person passes away, their assets and liabilities are consolidated into what is known as a deceased estate. An executor, appointed by the Master of the High Court, is responsible for identifying assets, paying creditors and ultimately distributing the remaining estate to beneficiaries. One of the executor’s key responsibilities is ensuring that the deceased’s tax affairs are brought up to date. SARS must be notified of the death, and all outstanding tax returns must be submitted before the estate can be finalised. What Can SARS Claim?

Chris NdunaAttorney, Notary and Conveyancer The Legislative Foundation Sections 76 and 77 of the Companies Act set out the standards of conduct expected from directors and the circumstances under which they may be held accountable. Whether you serve on the board of a small family business, a growing SME, or a large corporate organisation, understanding these obligations is essential. Companies Act 71 of 2008 — Key Sections: Section 76 — Standards of directors’ conduct: good faith, proper purpose and the best interests of the company. Section 77 — Liability of directors and prescribed officers for breaches of duty, reckless or fraudulent trading, and misuse of company assets. Fiduciary Duties: The