Articles

What to do? Where to go? Whom to trust? Will I be okay?

Losing a life partner is emotionally devastating. Once the close friends and family have left your side it’s going to be up to you to make a number of decisions that are going to affect your finances. People are often reluctant to discuss their financial affairs with each other as they find this stressful and sometimes embarrassing. Here are a few tips on how best to navigate the way through the process of preparing to deal with the financial result of losing a partner:-

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Evictions

THE PIE ACT

In South African law the eviction of a residential tenant is governed by the Prevention of Illegal Eviction and Unlawful Occupation of Land Act No. 19 of 1988 (PIE Act)

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Marital Status in South Africa

There are various Acts which regulate marriages in South Africa and the legal effects of the marriages.

The first two Acts which I would like to discuss are the Marriage Act 25 of 1961 and the Matrimonial Property Act 88 of 1984, the latter of which commenced on the 1st of November 1984.

All civil marriages are regulated by the above Acts. Marriages in terms of these Acts will be referred to as civil marriages. These Acts make provision for three types of marriages:-

  • Marriage In Community of Property
  • Marriage Out of Community of Property without the Accrual system
  • Marriage Out of Community of Property with the application of the Accrual system

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New Offices

BLC Attorneys has established itself as a leading law firm in the Eastern Cape region, offering a wealth of experience and expertise in every arena of legal practise. Founded in 1988, BLC has retained its original premises at number 4 Cape Road along with its commitment to building legal confidence in its local community. BLC boasts a staff complement of over 70, making it one of the largest law firms in Port Elizabeth and ensuring a formidable depth of professionalism and legal capacity.

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Personal Servitude of Usufruct

Usufructs, habitatio and usus are what we call personal servitudes. A personal servitude is always created in favour of an individual, or individuals, to whom it gives the right to the use and enjoyment of another person’s property.

In estate planning and administration, we often come across personal servitudes created in terms of Last Wills and Testaments. However, these can also be created by agreement between parties.

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Budget Speech 2019 by Minister Tito Mboweni

In the 2019 State of the Nation Address, our President set out an ambitious agenda for our nation. It is an agenda that speaks to the South Africa that we can be. It is a task list for all of us. It lays out a series of interventions that will put South Africa on a bold new path.

How do we make this renewal a reality?

I turned to the Good Book for guidance. In Zechariah 8 verse 12 it says: “For the seed shall be prosperous; the vine shall give her fruit, and the ground shall give her increase, and the heavens shall give their due; and I will cause the remnant of this people to possess all these things.”

As a part-time farmer, I know that in order for the people to “possess all these things”, we have to plant anew.

It is time for us to sow the seed of renewal and growth.

But for the seed to be prosperous, as Zechariah enjoins us, we must first cultivate the soil. Once we have planted the seed, we must nurture it, water it, and protect it from the extremes, the elements and time.

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Master’s Directive regarding the appointment of Independent Trustees

The Master’s directive of requiring an independent Trustee to be appointed as a trustee where the Trust is registered for the first time with the Master and it emerges from the Trust deed that the Trust is a “family business trust” arises as a result of the decision in Land and Agricultural Bank of South Africa v Parker and Others 2005 (2) SA 77 (SCA) .

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