Why Your Will Is Not Your Estate Plan
Many South Africans believe that once they have a signed, witnessed will in place, their estate planning is done. But it is not. A will is a legal document that directs how your assets in your personal estate will be distributed after your death. But a significant portion of most people’s wealth sits outside that […]
The Relationship the Law Forgot to Recognise
Cohabitation Doesn’t Mean You Share Legal Rights Many couples move in together, split the rent, raise children, and quietly assume that the law sees them as something close to being married. The reality is that South African law does not recognise a general common-law marriage, and cohabiting partners do not receive automatic matrimonial property rights. […]
Can a Voice Note, Email, or Draft Ever Count as a Will?
South Africa’s Wills Act 7 of 1953 remains unchanged in 2026. Voice recordings, emails, and unsigned drafts do not automatically qualify as valid wills, but courts retain a narrow discretion to use them in exceptional circumstances. The rise of digital communication has prompted a recurring question in estate practice: if someone records their final wishes […]
Paws and Policies: Pet Ownership in Sectional Title Schemes
For the millions of South Africans who call a sectional title unit or gated community home, the question of whether you can keep a pet is far more nuanced than a simple “yes” or “no”. As urban living becomes increasingly dense, the legal landscape governing pets in shared residential spaces continues to evolve, and both […]
Are Electronic Wills Valid?
We live in an age where agreements are concluded by email, documents are signed electronically, and important records are stored in the cloud. It is therefore not surprising that clients often ask: “Can I sign my will electronically?” or “Is the will saved on my laptop valid?” The short answer is that South African law […]
How to Clear Your Name After a Default Judgment Against You: Rescission of Judgments
Most people only become aware that a default judgment has been granted against them when the sheriff arrives with a warrant of execution or when their credit applications are unexpectedly declined. A default judgment is usually issued when a defendant fails to enter an appearance to defend or does not attend trial, and in the […]
Trusts and Family Wealth
Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term stewardship. One structure continues to feature prominently in this conversation: the living […]
When Grief Meets Red Tape: Understanding Today’s Estate Challenges
Losing a loved one is already one of life’s most difficult experiences. Add to that the burden of South Africa’s complex estate administration process, and families often find themselves overwhelmed at the worst possible time. In 2026, the challenges facing estate administrators have reached unprecedented levels, but understanding these obstacles and seeking professional help can […]
Evictions in South Africa: What Landlords and Tenants Need to Know
Evicting a tenant or occupier in South Africa is a highly regulated process governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Landlords cannot take the law into their own hands. Let’s unpack the legal steps for a lawful eviction, the rights of unlawful occupiers, and why legal […]
Mediation Before Litigation: Balancing Efficiency and Constitutional Rights
South Africa’s civil justice system faces significant challenges, including escalating litigation costs, prolonged delays, and an overwhelming backlog of cases, with some civil trial dates not projected until 2031. Against this background, the South African Law Reform Commission (SALRC) has been developing a Draft Mediation Bill since 2019 to integrate alternative dispute resolution (ADR), particularly […]
