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Judy Sunasky
Working with Schoeman Law is always easy. Communication is excellent, work is accurate. Many facets of the business are automated and work well, however speaking to an actual human being is also always available. Honest, straight forward legal advise is appreciated.
Contesting a Will
Freedom of testation is the core principle when determining whether a will is valid and whether it can be contested or not, as South African law underpins the testator’s rights to decide how they wish for their estate to be divided and administered. However, it is common for surviving relatives to express a desire to contest a will either because they believe it is invalid or there may have been elements of foul play. Contesting a will should be done within a reasonable timeframe to avoid prescription and should generally take place before the estate has been wound up.
What You Need to Know About the Guardian Fund
The Guardian’s Fund (hereinafter referred to as the ‘Fund’) was established to administer the funds of various persons who cannot do so themselves. The Fund does so under the direction and authority of the Master of the High Court and extends to the funds of persons...
Do You Possess Your Emails?
Could The Mandament Van Spolie Remedy Be Instituted To Regain Possession Of Your Emails And Access To A Network Server? This was the question asked in the Supreme Court of Appeal (‘‘SCA’’) case of Blendrite (Pty) Ltd and Another v Moonisami and Another (227/2020)...
The Duties of the Executor of a Deceased Estate
Throughout your life, you may acquire assets like a house or a car and also be in possession of certain items that you hold near and dear to your heart, like family heirlooms. However, the fact that you will die one day is not a pleasant thought. These assets and...
What you should know about Suspensive conditions in Sales of Immovable Property
In many cases, sales of immovable property are subject to conditions relating to bond financing or the sale of another property. These are conditions precedents to the sale. In the recent appeal court case of McGrane v Cape Royale The Residence (Pty) Ltd (831/2020)...
Parental Alienation and Parental Rights – Can I Just Stop Paying Maintenance?
Every parent has rights and responsibilities towards his/her children, whether married or unmarried; all parents are afforded these rights. Bearing this in mind, it is crucial that these parental rights are exercised in a manner that promotes the best interest of the...
Law of Contract: Unpacking Electronic Signatures
With technology taking over the world, it has become essential for our law to keep up with the times and develop legal mechanisms in accordance with digital advancements. In an era where electronic contracts have become the norm, it is imperative that we establish the...
Should you Sign Surety? Think Carefully!
The concept of surety can be daunting and misunderstood. This often results in serious consequences if a party is ill-informed. Therefore, a person signing as surety needs to understand what they will be committing to and what they will be liable for should the debtor...
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