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Legal Articles

Cor van Deventer's Articles

What Criminal Bail is – And What it Isn’t

There are a lot of misconceptions amongst many people with regards to bail, its essence, and proceedings to be specific. In this brief article we will unpack and clear up some of the issues with regards to criminal bails.

Bail – Is it a Sail or Nail?

In as much as being arrested is not a foregone conclusion of guilt or innocence, bail being granted, or its denial is not proof that one is guilty or not. The question of guilty or not guilty is the determination of the Court upon the finalisation of the case if other avenues are not opted for.

Apostilles – Questions and Answers with Our Notary Attorneys

In this article we will answer some pertinent questions we receive from our clients so that one does not suffer the inconvenience of having the documents they intend to use in another country not being acceptable as they are.

Is an Independent Trustee Required as a Matter of Law?

Since it is a matter of practice and not one premised on the provisions of the law, the requirement to appoint an independent Trustee may be dispensed with in the event that good cause is shown that the interests of creditors will not be compromised.

A Trustee Need not be a Professional – But…

There is absolutely no requirement at law that a Trustee must be a professional, but that such person must be a major and have an appreciation of what is expected of them, the duties they are accepting and capacity to discharge such responsibilities.

Trusts in South Africa – A Basic Guide for Trust Founders, Trustees & Beneficiaries

Not all people who find themselves having to deal with Trusts understand what it is all about, therefore in this brief discussion we will highlight the prominent issues that one has to familiarise themselves with in order to safeguard their interests when dealing with a Trust.

What is a Trust and What is it Not?

The essence behind a Trust is for the Trust to own property in its own right so that such property does not form part of the estate of the Trust Founder. A Trust, however, does not have legal personality. The Trust can therefore acquire and accumulate properties and assets as a separate entity from the Trust Founder and persists even after the Trust Founder has passed on.

Yes, an Executor May be Removed – Under These Circumstances

The responsibilities of an Executor are fiduciary in nature and thus the Executor must at all times be honest, diligent, truthful as well as to see that the process is endowed with fairness and compliance. In the event that the Executor conducts themselves in a way that is detrimental to the proper administration of the deceased estate, there are provisions for the removal of such Executor.

Under Which Grounds may the Validity of a Will be Challenged?

A Will is designed to capture the wishes of the deceased with regards to how they prefer their estate to devolve to the nominated heirs. Such Will contains instructions as to how assets must be distributed to the heirs under that estate and in some instances, who must preside over such process (Executor).

Ready to Put Your Will in a Will? Here are Some Things to Note

The importance of putting wishes in a Will can never be overemphasised. Amongst many other benefits, it provides for an easy and clear process of devolution of the estate of the deceased with less or without disputes.


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