by admin | Jun 25, 2018 | Property Law
Appointments in Foreign Estates What is a “foreign estate?” Where a deceased left asset in the Republic, whether or not he or she was ordinarily resident in the Republic, no person may deal with the South African assets unless authorized thereto by a Master of the...
by admin | May 22, 2018 | Family Law, Property Law
Forfeiture of Benefits When a decree of divorce is granted on the grounds of the irretrievable breakdown of the marriage the Court, under section 9(1) of the Divorce Act 70 of 1979 (hereinafter referred to as “the Act”), may make an order that the patrimonial benefits...
by admin | Apr 14, 2018 | Property Law
The registerability of contingent usufructs and related matters Section 66 of the Deeds Registries Act 47 of 1937 limits the duration of a usufruct to the lifetime of the person in whose favour it was created, and further restricts the cession thereof to the owner of...
by admin | Mar 9, 2018 | Corporate Law, Property Law
Retention of Deposit on Breach of Contract Often one is confronted with non-refundable deposits in offers to purchase of immovable property. In the same vein, most deeds of sale contain breach clauses worded that, in the event of a contractual breach on the part of...
by admin | Feb 23, 2018 | Property Law
Suspensive conditions in contracts of sale of immovable property Introduction When a contract is subject to a suspensive condition, the contract comes into effect only if the condition is met. On a practical level, this can entail a future event such as a deposit...
by admin | Jan 18, 2018 | Property Law
Matrimonial Consequences of my Marriage Where one is a South African citizen and you conclude a marriage within the borders of South Africa or in another Country, your matrimonial property regime will be governed by the provisions of the Matrimonial Property...