As 2026 dawns with all its exciting new possibilities and opportunities, let’s not forget about all the annoying – but vital – legal aspects of our lives.

They’re easily overlooked in the rush of another hectic back-to-work, back-to-school, and back-to-everything-else Janu-worry, so we’ve put together a list of ten ideas to help you prioritise what’s important to you and what’s not. Tick these items off your action list for a safe, happy and prosperous New Year!

Hopefully 2026 will gift us some really positive movement in the property market. This is great news, but please note this cautionary tale from the Supreme Court of Appeal.

 

A husband transferred his half share in the marital house to his wife to protect it from his creditors. But after the couple divorced, he found himself fighting his wife’s attempts to evict him from the house by arguing that he was still a co-owner. The insurmountable legal obstacles he faced underline the importance of complying with all the legal requirements for a valid property sale. 

Your will is probably the most important document you will ever make, which is why it’s vital to understand that electronic wills are – despite media reports implying otherwise – not accepted by the Master of the High Court as valid. (Unless you fancy the delay and expense of a High Court application.)

A recent High Court fight over an electronically signed will sets out nicely both the formalities required by the Wills Act, and what your loved ones will need to prove if they have to ask a court to validate your non-compliant will.

One wonders how many people trapped in unhappy marriages are put off applying for divorce by fear of what it will cost them. But there’s no need for that. An uncontested divorce needn’t cost much at all. And if a fight is inevitable and one party uses their financial strength to intimidate the other into submission, our law provides a useful remedy.

We’ll discuss the “Equality of Arms” concept in the context of a wealthy husband ordered to pay his wife R1.5 million as a contribution to her legal costs, including the cost of a forensic investigation into his financial affairs.

“Codicil”

A codicil (from the Latin codicillus, meaning “a small writing tablet”) is a legal document in which you can make minor changes to your existing will. That said, rewriting your whole will can sometimes be a better option – particularly if the changes are substantial or complex, or if you already have a codicil (multiple codicils can be confusing!).

Remember that it must comply with exactly the same signing and witnessing rules as a will to be valid. And, on a practical level, be sure to attach the codicil to your will as an addendum, and to tell everyone who needs to know about it, especially your executor.