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February 2021 NEWSLETTER
Arrest and a Criminal Record for Not Wearing a Mask
With media reports of arrest and a criminal record for those caught flouting the laws on wearing a face mask in public, we discuss both the circumstances in which you risk arrest, and the substantial downsides of acquiring a criminal record.

Why is a criminal record to be avoided at all costs? How can you get rid of a record if you do end up with one? 

We address both questions with a focus on the “admission of guilt fine” option you are likely to be offered after arrest and on why talking to your attorney before considering any such offer is essential.
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Buying a Property: Check the Seller’s Marital Status!
ArticleImage Low interest rates and reduced selling prices are driving an uptick in property sales in several sectors, and if you are one of the many buyers taking advantage of the opportunities now on offer, heed this important warning.

It may seem like none of your business whether or not the seller is married, but in fact it is very much your business. As a recent Supreme Court of Appeal case shows, if the seller is married in community of property and his or her spouse does not consent in writing to the sale, you stand to lose the house even after transfer. And you cannot rely on what the seller tells you – you must make “reasonable enquiries” of your own or you could be in trouble. Read on for more…
   
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Be Prepared for The Cost of Dying
ArticleImage While nobody wants to contemplate their own passing, we live in dangerous times and it is important to think about how your death will affect your loved ones financially. Planning appropriately can make a big difference to the impact that your family will feel.

There are many taxes and costs associated with winding up an estate. These all need to be considered when putting together a plan for what will happen to your assets after you die.

Read on to learn about some of the major expenses your estate will face, and how to think about planning for them.
   
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Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One
ArticleImage Our economic woes will unfortunately be with us for a while yet, and you may well find yourself having to sue an increasing number of debtors in financial trouble. When that happens, make sure that the debtor has enough assets for you to execute against. Otherwise you may win the court case only to find that your hard-won victory is a hollow one and has cost you a lot more than you can recover.

If you find out that the debtor is disposing of assets (or hiding them) to frustrate your claim, an “anti-dissipation interdict” may be your saving grace. It will freeze the debtor’s assets until the litigation is finalised. 

We investigate what you must prove to obtain such an interdict with reference to a R230m High Court case.
   
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Your Website of the Month: A Month-by-Month Personal Financial Planner for 2021
ArticleImage
“If you fail to plan, you are planning to fail” (Benjamin Franklin)


We have all been battered by the economic fallout from the lockdowns. Now more than ever before we should pro-actively take control of and manage our finances through the crisis. A personal financial plan is key here. Without a plan we will drift aimlessly through 2021’s uncharted and perilous waters - a recipe for disaster.

Fortunately putting together a workable plan is not rocket science, and there are many online resources to help. See for example Business Maverick’s article “Your practical 2021 financial year planner” here - a simple and useful guide to tackling your personal finances month-by-month.
   







Disclaimer

The information provided herein should not be used or relied on as 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 professional adviser for specific and detailed advice.


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