Who Appoints the Conveyancer? Your House, Your Choice

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December 2024 NEWSLETTER

Who Appoints the Conveyancer? Your House, Your Choice

Selling your house is a really big deal, not least because it is quite likely one of your largest assets. So, you need the legal side of things (in particular the transfer of ownership to the buyer) to be in safe and competent hands.

Critically, you will need a conveyancer to handle the transfer for you. But what should you do if you are pressured to appoint not your own trusted attorney, but someone else’s choice? We’ll discuss why you need a conveyancer, why the choice is yours and yours alone, and why you shouldn’t sign anything before checking with us first.

Gift or Loan? A Cautionary Tale for the Season of Giving

A recent High Court fight between a mother and her prospective son-in-law over whether or not his R400k payment to her was a gift or a loan provides a timely reminder to never rely on verbal agreements when there’s a lot at stake. Even between friends and relatives!

As the old adage goes, “the bluntest pencil is better than the sharpest mind.” And this unhappy tale is a perfect example of the dangers of not writing everything down to avoid misunderstanding or dispute. We’ll end off by sharing some thoughts on what to include in your agreement.

Estate Planning: Why it Matters, and How To Get Started

Year-end is a great time to get started on your estate planning, or to update your existing plan if you already have one. Family is top of mind, there’s more time to think and plan, and somehow it just feels right to get everything in order before the new year and its fresh set of demands and interruptions.

We’ll outline the basics of estate planning, its benefits, and what to include in your plan. Then we’ll end off by sharing nine simple steps to help you get started.

Fired for not Working on the Sabbath

Can you dismiss an employee simply for being unable, on religious grounds, to work when you need them to work?

Be careful here: you must tread a fine line between the right to freedom of religion on the one hand, and your right to have employees work to specification on the other. We’ll discuss that concept, with thoughts on how to avoid being penalised for “automatically unfair discrimination”, in the context of a case in which a senior manager was fired for being unable to work on his Sabbath.

Legal Speak Made Easy

“Marital Regime”

Your “marital regime” is the matrimonial property system you and your spouse choose to apply to your assets and liabilities. You have three choices – in community of property, out of community of property with accrual, and out of community of property without accrual. Each has its own advantages and disadvantages. As your choice will have major financial implications for you and for your family, you should – before you get married – consider it carefully with legal advice specific to your circumstances.

Thank you for your support in 2024.

Have a wonderful festive season, and a happy and prosperous 2025.

Enjoy the break!

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 us for professional, detailed and appropriate advice.

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