Tonkin Clacey News
When is Full Initialing of Alterations Required?
Regulation 44(2) of the Deeds Registries Act 47 of 1937 and regulation 16B (2) of the Sectional Titles Act 95 of 1986 provide that any material alteration or interlineation in any power of attorney, application or consent must be initialed by the person who prepared...
Affect of repudiation on an inheritance
Where a deceased dies testate or intestate and certain of the testate or intestate heirs elect to renounce their right to the inheritance, the provisions of section 2C(1) and (2) of the Wills Act 7 of 1953 or section 1(6) and (7) of the Intestate Succession Act 81 of...
Muslim Marriages in South Africa
For many years South African courts have been faced with complex issues regarding the legal status of marriages solemnized in terms of Muslim rites, and even more so when it came to the rights and recognition of spouses being party to such marriages. Hindu marriages...
The Responsibilities of Conveyancers and Notaries
THE CONVEYANCER:A conveyancer is an attorney who has specialised in the preparation of deeds and documents which by law or custom are registerable in a Deeds Registry. Before an attorney is permitted to practice as a conveyancer, he/she must successfully pass a...
Safety Requirements for Swimming Pools
Swimming Pools represent a safety risk and for this reason the legislature deemed it prudent to promulgate regulations that govern the safety measures applicable to swimming pools. Part D4 of the National Building Regulations, (“regulations”) requires that an owner of...
Women and their right to elect a surname
It is common practice that a woman when marrying, either retains her maiden name, assumes her husband’s surname or changes her surname to a double-barrel surname (now very popular). Similarly, on divorce, a woman either reverts to her maiden surname, retains her...