Posts by Stratlaw
Taxes and Estate Duty When Finalizing a Deceased Estate in South Africa
Finalizing a deceased estate in South Africa involves navigating various legal and financial obligations, one of which is understanding the tax implications, particularly estate duty and capital gains tax. Awareness of these taxes is crucial for executors and beneficiaries to ensure compliance with South African legislation while effectively managing the estate. Legal Framework The primary…
Read MoreProtecting the Inheritance of Minors in South Africa
When it comes to estate planning, one of the most critical considerations for parents and guardians is the protection of the inheritance of minors. In South Africa, the law provides specific mechanisms to ensure that the financial interests of children are safeguarded until they reach maturity. Understanding these provisions can help parents make informed decisions…
Read MoreSteps to Follow After a Person’s Death in South Africa
The death of a loved one can be a profoundly challenging time, both emotionally and practically. In South Africa, there are specific legal and administrative steps that must be taken following a person’s death to ensure that their estate is managed appropriately and that any necessary legal obligations are fulfilled. Understanding these steps is crucial…
Read MoreThe Requirement for Specific Inheritance in a Will in South Africa
A Last Will and Testament is a fundamental legal document that allows individuals to outline their wishes regarding the distribution of their estate after death. One of the essential aspects of drafting a will is the provision for specific inheritances—gifts of particular assets or sums of money to named beneficiaries. Understanding when and how to…
Read MoreThe Implications of Failing to Appoint a Guardian for Minor Children in a Will in South Africa
In South Africa, the well-being of minor children after the death of their parents is a significant concern, particularly when it comes to guardianship. A Last Will and Testament is the most effective way for parents to ensure that their wishes regarding the care of their children are respected. However, if parents neglect to appoint…
Read MoreThe Importance of a Last Will and Testament in South Africa
A Last Will and Testament is a crucial legal document that outlines an individual’s wishes regarding the distribution of their assets and the care of any dependents after their death. In South Africa, the significance of a will is underscored by both legal principles and practical considerations, making it an essential component of estate planning.…
Read MoreContractual Remedies Under South African Law
In South Africa, when a party to a contract fails to fulfill their obligations, the aggrieved party may seek various contractual remedies. These remedies aim to address the breach and restore the injured party to their original position as closely as possible. This article outlines the primary types of contractual remedies available under South African…
Read MoreConsiderations When Writing Terms and Conditions for a Company Under South African Law
Terms and conditions (T&Cs) are essential for any business operating in South Africa, providing a legal framework for the relationship between the company and its customers. These documents outline the rules, rights, and obligations of both parties, helping to mitigate risks and manage expectations. When drafting T&Cs, several key considerations must be taken into account…
Read MoreEssential Terms of a Commercial Lease Agreement Under South African Law
A Commercial Lease Agreement is a crucial contract governing the relationship between a lessor (landlord) and a lessee (tenant) in a business context. In South Africa, these agreements are regulated by common law and specific statutory provisions, including the Rental Housing Act and the Consumer Protection Act, depending on the nature of the lease. This…
Read MoreEssential Terms of a Supply Agreement Under South African Law
A Supply Agreement is a vital contract that outlines the terms and conditions under which goods are provided from a supplier to a buyer. In South Africa, these agreements are governed by the principles of contract law, which ensures that both parties’ rights and obligations are clearly defined. This article highlights the essential terms that…
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