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Kramer Villion Norris - KVN September 2016
 
 
 
Your Will And A Practical Plan For Your Loved Ones
 
“Where there’s a will, I want to be in it” (Anon)


Whether you are young or old, healthy or ill, single or attached, you should have a Will.  Without one, you die “intestate”, which means you forfeit your right to decide who inherits what, who administers and distributes your estate, and who looks after your children and their money.  You owe it to your loved ones to spare them the inevitable financial and personal risks. 
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Trumped! A Home Owner Can Be Evicted As An Unlawful Occupier  
 
 
Directors And Personal Liability: The Little-Known Section Waiting In Ambush  
 
 
Tax – Here’s What To Do If A “SARS” Debt Collector Comes Knocking On Your Door  
 
 
 
 
 
 
 
 
 
 
 
Did you know that even as the owner of a house, you could still be evicted from it as an “unlawful occupier”?

That could happen if, to take one example from a recent SCA (Supreme Court of Appeal) matter, you give someone else a right of habitation (“habitatio”).  But why, you may ask, would you do that?
 
 
 
Since the “new” 2008 Companies Act came into effect in 2011, directors and other company officers have had to shoulder a raft of additional responsibilities and risks, amongst them a significantly increased risk of personal liability.

Consider for example the little-known section 218(2) which waits in ambush for the unwary in the “Miscellaneous Matters” section at the tail-end of the Act, and which reads: . . .
 
 
 
SARS has appointed 3 debt collection agencies (currently named as CSS Credit Solutions, NDS Credit Management and Lekgotla Trifecta Capital Consortium) to chase up outstanding taxes.  But with reports of scamsters contacting taxpayers, pretending to be SARS officials or official debt collectors, and demanding immediate payment, SARS advises that - 
 
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Your September Website: Who’s Who In The Panama Papers?
 
Find out who’s behind almost 320,000 offshore companies and trusts named in the Panama Papers leaks.  Bear in mind that just because a person or entity is named in the database in no way suggests that they are guilty of anything – in fact it is believed that many (perhaps most) of the investments involved are entirely legitimate.

To access the ICIJ (the International Consortium of Investigative Journalists)’s searchable database of the leaks –
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Disclaimer

This Newsletter is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

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