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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

Article

How liable is an owner for damage caused by animals?

26 March 2024

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Filter: Trust

Using a Trust as an estate planning tool

05 August 2020

Death eventually knocks on everyone’s door. This certainty necessitates proper estate planning to ensure that when the time comes you... are not anxious as to whether sufficient provision has been made for your loved ones after you are gone. In this article, we briefly explore some of the main benefits as well as concerns in using a trust as a specific tool for your estate planning purposes.

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Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

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Article

Can donations tax be payable on a sale of property?

13 October 2015

I recently established a trust. I want to sell one of my properties to the trust by way of an... interest-free loan with the trust owing me the purchase price of the property. However, I was advised that such an interest-free loan may give rise to donations tax. Is this so? Is there any way to avoid this?

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Should I be nervous when dealing with a trust?

06 August 2015

I was recently made an offer to sell my business. I was not really planning on selling but the offer... sounded interesting. However, when I received the proposed offer I noticed the purchaser was a trust. I don’t know much about trusts and it made me nervous that a trust was involved as I’ve heard stories about having to be careful when dealing with a trust. Is this true, or am I being overly cautious?

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The abuse of trusts in case of divorce: know your rights!

15 June 2015

Trusts are more and more being actively used for estate planning purposes, but the percentage of divorces are also increasing... annually. Protect yourself by being wary of the abuse of discretionary trusts in divorces and by analysing your position and acting as quickly as possible - before it is too late....

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Removal of a trustee who is unwilling to resign

02 June 2014

A trust is a structure into which cash or assets (“trust property”) are transferred by the founder of the trust... and which trust property is administered by the trustees on behalf of one or more beneficiaries in accordance with the trust deed. As administrators of the trust property, it is extremely important that the trustees work together and act in the best interest of the trust beneficiaries and execute their duties as required by the Trust Property Control Act (”Act”) and the Master of the High Court (“the Master”). The question which arises is what options are available if a trustee does not execute his mandate in the best interest of the trust beneficiaries but is unwilling to resign as a trustee?

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