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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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1
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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2
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
1
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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2
Article
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Filter: Testament
How should co-executors of a deceased estate act?

14 December 2021

My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our... family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?

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379
Article
Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income... for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

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402
Article
Can a testator rule from the grave?

16 March 2021

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s... last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

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397
Article
What do I need to keep in mind when appointing an executor in my will?

09 November 2018

I’m getting married soon and know that we are going to have to get a will in place. My friend... told me that an important decision is deciding on who the executor of our estate will be. I have no idea though how to decide or what to consider. Can you help?

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312
Article