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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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6
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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6
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
6
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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6
Article
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Filter: Will
Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that... they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

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304
Article
Be wise and review your will regularly

16 July 2015

I have a will which my wife and I had jointly drawn up by a friend just after we were... married. I think the will is still ok, but I am not sure. We have three children now and I’m worried what will happen to them should my wife and I pass away or even be divorced. Should I let someone have a look at my will?

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299
Article
Is there digital life after death? Providing for virtual assets in your digital estate

21 November 2014

It’s the year 2016 and the majority of our world citizens today live digitally through online social media platforms, gaming... environments, websites, chat rooms, shopping sites and more. The growth of our digital world also gives rise to new questions of law relating to your digital ‘assets’. What will happen to my online gaming profile, Facebook account, online banking account etc. upon my death? The reality is that these digital assets also need administering and what happens to your Facebook, online banking and other accounts, may in fact, be up to you.

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296
Article
A few things you should know before challenging the validity of a will

06 March 2014

Mrs Ambrosia passed away on 10 December 2013 at the age of 93. After her death it is discovered that... she executed a will on 10 June 2013 in terms whereof a recent acquaintance Mrs Nightshade becomes the sole beneficiary of her entire estate. The will also revokes all her preceding wills, including a will dated 1 January 2009 wherein her son, daughter and their respective children are indicated as Mrs Ambrosia’s beneficiaries. Mrs Ambrosia’s health had deteriorated systematically since 2010 and she was very ill at the time of her death. Can her children challenge the new will and if so what must they prove?

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288
Article
The In’s and Out’s of an Antenuptial Contract

20 May 2013

Susan and James are on the verge of getting married. For both it is their second marriage and both have... learnt the importance of reaching agreement as to the regulation of their matrimonial property at the start of the marriage. Accordingly, they have decided to marry out of community of property and to regulate their marriage and individual estates through an antenuptial contract. However, they are still concerned about how to protect existing assets and the inheritances of their children from their previous marriages. Can all of this be regulated in their antenuptial agreement?

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419
Article
Checked your life insurance recently? Find out why you should!

27 September 2012

Life changes happen regularly and unannounced and often one is so pre-occupied with surviving these changes that you forget the... long-term implications they can have. One oft neglegted item, is the regular reviewing of the beneficiaries of your life insurance policy, particularly after a life changing event such as death, divorce or birth has occurred. The insurance policy, intended to protect and support the future of family and dependants, may, because of neglect in this regard, result in unanticipated and even unwanted consequences for your family and dependants after you are gone and unable to ‘correct’ the mistake.

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331
Article