In 2019 we established Cilliers & Reynders Inc Johannesburg; a branch office, headed by Tilana Van Rensburg one of our Associate Attorneys and assisted by Varasha Moodley. The firm discovered that our litigation departments increasingly dealt with instructions originating from the Johannesburg Regional Districts.

July 13, 2024

Tenant ‘red flags’ and how to avoid them

The wrong tenant can have a lasting negative effect. The residential property industry continues its upward trajectory, and investors are getting in on the action.  However, […]
July 13, 2024

Understanding estate massing in community of property marriages

In community of property marriages, spouses often combine their estates, or mass their estates, to ensure that certain assets go to specific beneficiaries. This is done […]
July 13, 2024

Are you obligated to pay arrear levies when purchasing a sectional title unit? Part 1

Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in […]
June 3, 2024

Property advice in an election year

Buy now, sell later. This year, almost half of the world’s inhabitants will head to the polls to elect their new governments, including eight of the […]
June 3, 2024

Five residential property trends no one saw coming

Experts have already predicted the top property trends of 2024, ranging from the impact of looming interest rate cuts to co-buying, solar power financing, sectional title […]
June 3, 2024

Is there a need for Sectional Ownership?

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional ownership into a legal system. He […]
May 23, 2024

ONDEURDAGTE BESLUITE LEI TOT BEREDDERINGSPROBLEME, BY AFSTERWE

Vir meer as 30 jaar doen ek en my kollega boedelbeplannings vir sakemanne, boere, direkteure van maatskappye, persone van die mediese beroepe, rekenmeesters en ouditeure, makelaars […]
May 23, 2024

SORG DAT JOU SAKE IN PLEK IS

‘n Boedel ‘n Mens se boedel sluit in alles wat jy besit, maw wat op jou naam is. Vaste eiendom of onroerende goed soos huise en […]
May 23, 2024

Trustees van trusts (Inter vivos en mortis causa) verg al hoe meer betrokkenheid.

Die dae dat trustees van trusts die administrasie en besluite van ’n trust waarin hul betrokke is, oorlaat aan een persoon, gewoonlik die oprigter (inisieerder) van […]
May 23, 2024

Jong mense behoort vooruit te beplan

My ervaring is dat die meeste jong mense hulle nie regtig steur daaraan as iemand praat oor finansiële-, beleggings- en aftreebeplanning nie. My indrukke is dat […]
May 23, 2024

Belangrike wenke vir die wat agterbly, wanneer ’n geliefde sterf.

Wanneer ’n mens te sterwe kom, moes daar reeds vir baie dinge voorsiening gemaak gewees het, sodat dié wat agterbly, nie tussen die pyn, verlange en […]
May 23, 2024

ETIESE GEDRAG WORD GEVERG IN DIE FINANSIËLE- EN FIDUSIÊRE WÊRELD

Daar is ‘n verskil tussen morele waardes en etiese beginsels. Morele waardes rig ‘n mens se gedrag en etiese beginsels verskaf die manier waarop mens behoort […]
April 29, 2024

Neighbourly disputes: Legal solutions in South Africa

Disputes with neighbours can be challenging, often requiring tactful and legal approaches to resolve them effectively. In South Africa, these disputes can range from noise complaints […]
April 29, 2024

Can you inherit from someone you have merely been living with?

In South Africa, the number of couples who are permanently living together in life partnerships is increasing every year. What are the consequences that would ensue […]
April 29, 2024

Why a Notary? – Part 1

Clients often ask why certain documentation must be authenticated or certified by a Notary and not by a Commissioner of Oaths. To answer this question, one […]
April 3, 2024

2024’s Top Risks for Corporate Leaders

In 2024, corporate leaders in South Africa and around the world are facing more legal challenges than ever before. As the business environment becomes more complex, […]
April 3, 2024

Why a Notary? – Part 2

In Part 1 of this article, we looked at the roles and functions of a notary, especially their general duties. In this part, we will look […]
April 3, 2024

Estate Planning: Preparing for the Digital Afterlife

The emergence of digital ghosts on social media Social media platforms have become integral to our daily lives, but what happens to these digital profiles when […]
January 31, 2024

The Pivotal Role of Technology in E-Conveyancing

Legal conveyancing is a crucial aspect of property transactions in South Africa. It involves the transfer of property ownership from one party to another, and historically, […]
January 31, 2024

The Dos and Don’ts for Landlords Regarding the Rental Housing Act

In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships […]
January 31, 2024

The Intent to Revoke a Last Will and Testament

The Western Cape High Court recently examined whether a person had the intent to revoke their existing will. The deceased, hospitalised with COVID-19, expressed a desire […]
January 10, 2024

Rouwkoop Clauses: What Is It and Is It Enforceable?

The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the […]
January 10, 2024

What Implications Does a Lien Have on Eviction Proceedings: Part 1.

In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. […]
January 10, 2024

Navigating Antenuptial Agreements in South Africa: Your Questions Answered

Preparing for marriage in South Africa involves several critical decisions, one of which is the antenuptial agreement (AN). This legal document is vital for dictating the […]
October 27, 2023

Should Sellers Provide Approved Building Plans When Selling Property?

The simple answer is no. However, the National Building Regulations and Building Standards Act mandates that local authorities approve building plans for the construction, alteration, or […]
October 27, 2023

Navigating the Real Estate Market: Tips for Buyers

Understanding the real estate market is crucial when buying or selling a property. The market’s current favour, whether for buyers or sellers, significantly impacts your decisions […]
October 27, 2023

Can You Change Your Marital Regime After Marriage?

A marital regime determines how parties’ assets will be managed and divided during their marriage and in the event of divorce or death. Changing the marital […]
October 6, 2023

Factors That Influence the Value of Your Home

When determining the value of your property, it’s often a challenge to remain objective due to the emotional and financial attachment you have to your home. […]
October 6, 2023

When Is It Worthwhile to Pursue Litigation in South Africa?

Litigation can be a complex and costly process, requiring time, resources, and a thorough understanding of the legal system. For individuals and businesses in South Africa […]
October 6, 2023

Factors to Consider Before Negotiating Your Home Loan’s Interest Rate

As interest rates continue to rise, many homeowners find themselves contemplating the idea of fixing their home loan interest rates. Initially, when the interest rate hike […]
August 28, 2023

The ABCs of lease agreements in South Africa

Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear […]
August 28, 2023

Understanding South Africa’s Domestic Violence and Harassment Act: A comparative analysis

South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and […]
August 28, 2023

The Rei Vindicatio and the Actio Ad Exhibendum

This article will briefly look at two actions that can be instituted simultaneously, and an alternative to each other, when you have been wrongfully deprived of […]
August 14, 2023

Can my employer refuse to accept my medical certificate?

The matter of a medical certificate has raised questions for quite some time. Many employers believe that if their employees provide a medical certificate for their […]
August 14, 2023

Estate planning in South Africa: Essential questions answered

Estate planning is a critical part of financial planning, yet it often gets overlooked. This process involves drafting a will, assigning assets to beneficiaries, and understanding […]
August 14, 2023

Will-stipulated purchase option: Are there transfer duty impacts?

Any person drawing up a last will and testament, and who intends to include an option to purchase any of their properties, should be aware of […]
July 4, 2023

The ABCs of lease agreements in South Africa

Navigating the world of lease agreements can be complex and fraught with potential pitfalls. In South Africa, these agreements are an essential tool for establishing clear […]
July 4, 2023

Estate planning in South Africa: Essential questions answered

Estate planning is a critical part of financial planning, yet it often gets overlooked. This process involves drafting a will, assigning assets to beneficiaries, and understanding […]
July 4, 2023

Will-stipulated purchase option: Are there transfer duty impacts?

Any person drawing up a last will and testament, and who intends to include an option to purchase any of their properties, should be aware of […]
June 14, 2023

Domicilium citandi et executandi in South African law

How is it possible that someone can obtain judgment against me, without my knowledge of any summons issued against me or a court date to state […]
June 14, 2023

Navigating the amendments to the Trust Property Control Act: Beneficial ownerships in South Africa

The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws […]
June 14, 2023

Responsibility to maintain and repair foundations and boundary walls in a sectional title scheme

This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management Act 8 of 2011 in order […]
May 10, 2023

Eviction Order Prior to Removal of Unlawful Informal Settlement Structures on Private Property: Is it Necessary?

Should a land owner obtain an eviction order prior to the removal of informal settlement structures erected unlawfully, and without the land owner’s consent, on his […]
May 10, 2023

Softening the rate hike blow

Ways to reduce your monthly home loan repayments and other costs. Cost-cutting is on many people’s minds, as prices rise, and affordability becomes stretched.  While potential […]
May 10, 2023

What happens to your deposit if the home sale falls through?

It depends on which party is responsible. It’s every home buyer’s worst nightmare. You find your dream home; your offer is accepted; and you pay a […]
April 20, 2023

Properly executing a will is extremely important

I gave instructions to my attorney to prepare a last will and testament for me as my will no longer reflected my wishes. At my request, […]
April 20, 2023

Having ‘skin’ in the property game

Bigger deposits mean a smaller loan and a better interest rate Rising inflation and several interest rate hikes have many South Africans trying their best to […]
April 20, 2023

Compliance certificates required when selling a property

There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates […]
March 2, 2023

Can trustees sell trust property to their own company?

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to […]
March 2, 2023

Will solar power increase the value of your home?

The upfront investment is high, which you’ll want to recover when you sell Stage 6 loadshedding is now firmly in effect, many South Africans are without […]
March 2, 2023

Reduce the pain of down-scaling: Investing in a holiday home as a retiree

The decision to move out of a large residence in favour of a smaller or less expensive property, also known as down-scaling, is often viewed as […]
February 13, 2023

ETIESE GEDRAG WORD GEVERG IN DIE FINANSIËLE- EN FIDUSIÊRE WÊRELD

LANDBOUWEEKBLAD            9 Maart 2023       (Sperdatum: 20 Febr 2023) André Eloff (CFP®) en A J du Plooy (B Juris, ATC) Boedelbeplanners: Business & Legal Consultants (Pty) Ltd […]
January 25, 2023

When your tenant ‘does a duck’

Tips for landlords when their tenant does a disappearing act Everyone who has let out property knows that sickening feeling when you find out that your […]
January 25, 2023

Parenting coordinators and their decision-making powers

Scenario: Assuming the divorcing parties enter into a parenting plan in respect of their children which contains the following clause: “If the parties are unable to […]
January 25, 2023

Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944

Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates […]
December 14, 2022

How much home can you get for your money

South Africans continue to tighten their belts as the pressure of rising interest rates, inflation, and other varying economic factors put household income under strain. This […]
December 14, 2022

Signing an antenuptial contract before getting married does not mean you are anticipating divorce

Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the […]
December 14, 2022

Having ‘skin’ in the property game

Bigger deposits mean a smaller loan and a better interest rate Rising inflation and several interest rate hikes have many South Africans trying their best to […]
November 18, 2022

BLAPSE EN WENKE IN BOEDELBEPLANNING

17 November 2021 André Eloff CFP® Business and Legal Consultants (Pty) Ltd Lid van FISA andre@buslegal.co.za   BLAPSE EN WENKE IN BOEDELBEPLANNING As mens daarna vra, […]
November 18, 2022

DEEGLIKE HOLISTIESE BEPLANNING BEPERK ONNODIGE KOSTES

André Eloff (CFP) Boedelbeplanner: Business & Legal Consultants                              11 November 2021 Lid van FISA   KOSTES EN BOEDELS DEEGLIKE HOLISTIESE BEPLANNING BEPERK ONNODIGE KOSTES Almal is […]
November 18, 2022

HOE VEILIG IS JOU EIENDOM IN JOU BESLOTE KORPORASIE?

André Eloff (CFP®) en A J du Plooy (B Juris, ATC)                                                      1 September 2022 Boedelbeplanners: Business & Legal Consultants Lid van FISA andre@buslegal.co.za   HOE VEILIG […]
November 18, 2022

ETIESE GEDRAG VAN ADVISEURS EN KLIËNTE

André Eloff CFP® Business and Legal Consultants (Pty) Ltd                                            3 Februarie 2022 Lid van FISA andre@buslegal.co.za   ETIESE GEDRAG VAN ADVISEURS EN KLIËNTE Mens hoor dikwels […]
November 18, 2022

Kontrak vir saamwoners, is net soos trou

LANDBOUWEEKBLAD       2 September 2021                                             (in wees 6 Augustus 2021)   Andre Eloff CFP Business and Legal consultants Lid van FISA andre@buslegal.co.za   Johan, sorg asb dat […]
November 18, 2022

KOSTES EN BOEDELS

André Eloff (CFP) Boedelbeplanner: Business & Legal Consultants                         11 November 2021 Lid van FISA   KOSTES EN BOEDELS DEEGLIKE HOLISTIESE BEPLANNING BEPERK ONNODIGE KOSTES Almal is […]
November 18, 2022

MAAK LIEWER ‘N BEGROTING EN HOU DAARBY

Landbouweekblad (28 Julie 2022)                                                       (Sperdatum: 7 Julie 2022)   André Eloff CFP® Boedelbeplanner Business and Legal Consultants (Pty) Ltd Lid van FISA andre@buslegal.co.za   MAAK LIEWER […]
November 18, 2022

TESTAMENT: ONGELUKKIGHEID VAN ERFGENAME

TESTAMENT: ONGELUKKIGHEID VAN ERFGENAME André Eloff boedelbeplanner en konsultant vir Business & Legal Consultants andre@buslegal.co.za Bykans alle erfgename of ‘n groot persentasie van erfgename is gewoonlik […]
November 18, 2022

PRAKTIESE WENKE VIR ELKE GESIN

LANDBOUWEEKBLAD Vir publikasie op 10 Maart 2022                            (Sperdatum: 18 Febr 2022) André Eloff CFP® Business and Legal Consultants (Pty) Ltd Lid van FISA andre@buslegal.co.za   PRAKTIESE […]
November 18, 2022

EMOSIE BY TESTAMENTE

LANDBOUWEEKBLAD                   Uitgawe: 23 Junie 2022       (Sperdatum: 2 Junie 2022) André Eloff (CFP) Boedelbeplanner: Business & Legal Consultants Lid van FISA   Testamentmaak is ‘n Emosionele Ervaring […]
November 17, 2022

KOSTES OM EIENDOM OOR TE DRA NA ‘N NUWE EIENAAR.

    Andre Eloff (CFP) Business and Legal Consultants                                                         23 Junie 2022 Lid van FISA andre@buslegal.co.za   KOSTES OM EIENDOM OOR TE DRA NA ‘N NUWE […]
November 17, 2022

Suid Afrikaners met bates in die Verenigde Koningkryk (United Kingdom (“UK”))

LANDBOUWEEKBLAD Vir publikasie op 14 April 2022                            (Sperdatum: 25 Maartr 2022) André Eloff CFP® Business and Legal Consultants (Pty) Ltd Lid van FISA andre@buslegal.co.za   Suid […]
November 17, 2022

Swak opgestelde Testament en die gevolge daarvan

André Eloff (CFP®) en A J du Plooy (B Juris, ATC) Boedelbeplanners: Business & Legal Consultants                                 6 Oktober 2022 Lid van FISA andre@buslegal.co.za   Swak opgestelde […]
November 17, 2022

Verstaan die realiteit en raak paraat

  LANDBOUWEEKBLAD   13 Mei 2021   Andre Eloff Andre.eloff@hotmail.com   Verstaan die realiteit en raak paraat   Gades, saamblyers (as gades) en vriende van oorledenes moet […]
November 17, 2022

VOORSIENING VIR AFTREDE

LANDBOUWEEKBLAD van 8 April 2021                ANDRÉ ELOFF (Boedelbeplanning-konsultant) andre@buslegal.co.za VOORSIENING VIR AFTREDE Die vraag is: wanneer moet ‘n mens begin voorsiening maak vir aftrede. Die antwoord […]
November 17, 2022

WEES DEURSIGTIG EN PRAAT OOR DIE DOOD

LANDBOUWEEKBLAD                                (Sperdatum 14 Sept 2021)  Publikasie 7 Oktober 2021) Andre Eloff CFP Business and Legal Consultants Lid van FISA andre@buslegal.co.za   WEES DEURSIGTIG EN PRAAT OOR […]
November 15, 2022

An overview of the Property Time-Sharing Control Act and the Vacational Ownership / Time-Share industry. Part 1

Property time-sharing became very popular in South Africa in the 1980s and later, the use of the point-system as an alternative to Time-Sharing schemes which offered […]
November 15, 2022

Transfer Duty – No surprises – Part 2

The Transfer Duty Act 40/1949 (“the Act”) states that transfer duty (duty) is to be levied on any property acquired by any person by way of […]
November 15, 2022

I can no longer afford to pay maintenance, what should I do?

It so often occurs that the financial circumstances of the party responsible for paying maintenance may change and resultantly the party may no longer be able […]
October 28, 2022

Does a representative of a deceased estate have the capacity to sell immovable property?

Section 18(3) of the Administration of Estates Act, 66 of 1965, (the Act) provides that where the value of an estate is below R125 000,00. “the […]
September 15, 2022

Swak opgestelde testament doen baie skade

Swak opgestelde Testament en die gevolge daarvan… ‘n Vriend storm in met ‘n navraag van sy kliënt, ene Mev X (X). Haar (X) saamblymaat (Y), van […]
September 15, 2022

Deregistrasie Van Beslote Korporasies

Hoe Veilig Is Jou Eiendom In Jou Beslote Korporasie? Gedurende 1985 tot 2008 was Beslote Korporasies (Closed Corporations) baie gewild vir veral die bedryf van klein […]
September 15, 2022

Etiese Gedrag Van Adviseurs En Kliënte

Mens hoor dikwels die uitdrukking onder sake persone: “die kliënt is koning”. Dit veroorsaak dat kliënte die betekenis daarvan, soms uitbuit en verwag in baie gevalle […]
September 15, 2022

Deeglike beplanning spaar kostes

KOSTES EN BOEDELS Deeglike holistiese beplanning beperk onnodige kostes Almal is koste sensitief. As mense hoor van “Boedelbeplanning”, dink die meeste aan “polisse” en dit laat […]
September 13, 2022

Think before you sign: 5 things to consider before signing a contract

The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There […]
September 13, 2022

Landlord and tenant inspections

The Rental Housing Amendment Act[1], section 4B (4) and (5) determines that the tenant and property owner must jointly, before the tenant moves into the dwelling, […]
September 13, 2022

Top 10 causes of insurance claims

Worldwide and local events impact both business and domestic premiums A fire at a busy warehouse leaves a company struggling to replace its buffer stock; a […]
August 18, 2022

Distributing retirement fund death benefits

Step 1: Identifying and tracing dependents Section 37C of the Pension Funds Act places a clear and onerous duty on the board of trustees to determine […]
August 18, 2022

My child is being bullied at school – Can the law assist?

In recent years, reports of bullying incidents have been on the increase in schools and have reached a point where some have tragically resulted in loss […]
August 18, 2022

The employer’s responsibility in workplace harassment

This article will briefly discuss the common law option available to employees who are exposed to a form of discrimination in the workplace, specifically sexual harassment […]
August 18, 2022

Hey, Generation Y and Generation Z!

Do you think you can retire comfortably? Millions of South Africans rely on the money saved in their employers’ retirement fund to earn an income when […]
July 11, 2022

The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 1

The subdivision of agricultural land or “farmland” is regulated by the Subdivision of Agricultural Land Act No. 70 of 1970 (hereafter “the Act”) which came into […]
July 7, 2022

Lost your original title deed? What do you do?

Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) […]
July 7, 2022

The importance of an objective and experienced executor

The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance […]
July 7, 2022

What you should know about the new Property Practitioners Act

The long-awaited Property Practitioners Act finally came into effect this year and brings with it significant changes to the real estate industry. The Act takes a […]
June 17, 2022

Convictions under the doctrine of common purpose

“If I was present at the scene where my peers committed a crime and I had knowledge of the crime being committed, is that sufficient evidence […]
June 17, 2022

Transfer duty. No surprises. Part I

Transfer duty is a duty levied for the benefit of the National Revenue Fund on the value of any property acquired by any person by way […]
June 17, 2022

Private prosecution: Is justice attainable even if the state fails us?

Members of the public, and specifically victims or those close to them, are often disheartened by the National Prosecuting Authority (“NPA”) and its decisions not to […]
June 17, 2022

Avoid the “chase” following the purchase of a business

When you intend to buy a business from a seller as a going concern, it is important to do your homework in respect of the business […]
May 25, 2022

Maintenance claims from life partner’s estate

“Should a person who has shared her home and life with her deceased partner, born and raised children with him, cared for him in health and […]
May 25, 2022

Life partners now qualify for intestate succession

The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in […]
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