Child Teddy

A case where a minor child was abducted by one parent and the severe consequences thereof

Preamble: the minor child This was an existing case which was taken on by Paizes Attorneys. A minor child was abducted by his mother, even though court orders were in place in relation to the primary residence of the minor child. After several months, an allocated police services task team tracked the minor child and the mother. […]

Heart Bandaid

Will your ex-spouse inherit under your Will?

Section 2(B) of the Wills Act, Act 7 of 1953 (“Wills Act”) states as follows: “If any person dies within three months after his marriage was dissolved by divorce or annulment by a competent court and that person executed a Will before the date of dissolution, that Will shall be implemented in the same manner […]

Caution

Undertakings – What are they?

In Commercial, Conveyancing and even Family Law matters, undertakings are often given between attorneys and their clients to third parties. An undertaking is a verbal or written pledge or promise either to do something or refrain from doing something. Depending on the type of undertaking provided, attorneys and their clients may be personally held liable […]

Paid Invoice

Attorney Fee Agreements

This blog very briefly discusses an attorney’s fee agreement including contingency fee agreements. When a client approaches an attorney seeking legal advice and services, the attorney is entitled to charge the client a fair and reasonable fee for professional legal services. The fee charged by the attorney will depend on a number of factors, including […]

Travelling Teddy

Departing and Entering into South Africa with a Minor Child: A Practical Guide

On 26 May 2014, the Immigration Amendment Act, Act 3 of 2007 amended the Immigration Act, Act 13 of 2002 (“the Immigration Act”) which caused the Immigration Regulations, 2014 (“Immigration Regulations”) to come into effect. The Department of Home Affairs released a statement on 16 September 2014 that they would postpone the implementation of certain […]

Same Sex Partner Hands

Permanent Same-Sex Partnerships & Deceased Estates

Deceased estates in South Africa are governed by legislation. If a deceased passes away with having executed a will, his estate will be governed by the Wills Act, Act 7 of 1953 (“the Wills Act”) and the Administration of Estates Act, Act 66 of 1965 (“Administration of Estates Act”). The Wills Act provides for the […]

Prescribed Rate of Interest

The Prescribed Rate of Interest Act, Act 55 of 1975 (“the Act”) prescribes a maximum rate of interest that can be charged by a creditor on a debt, if the interest is not governed by an agreement, any other law or trade agreement. In 1993, the Minister of Justice set the prescribed rate of interest […]

Do trust assets form part of a joint estate?

We recently become aware of new case law that was reported by the Supreme Court of Appeal regarding trust assets of discretionary trusts and whether it falls under the joint assets of people married in community of property. What is important about this case is that this is the first reported case law in many […]

Fake Person

How to confirm if an attorney is legitimate

A client recently attended on Paizes Attorneys offices with a large outstanding amount of money due and owing to her in terms of a verbal agreement reached with a third party. The client had instructed another attorney to sue for the amount outstanding. The attorney had invoiced the client and the client had placed a […]

Small Claims Money

Suing for an amount under R15,000

The Facts A landlord recently contacted Paizes Attorneys and requested whether we could assist him in suing for lost rental from previous tenants. His previous tenants had left under the cover of darkness and had owed him the last months rental. No notice was given by the tenant to the landlord and they just left. […]

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