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Search Results for: estate planning

Trusts and Estates

Wills, Trusts and Estates Our Wills, Trusts and Estates services ensure that your assets are protected during your lifetime, while planning ahead to prepare for your survivors after your death. We also advise you whenever new rules and legislation necessitate changes in your affairs. It is Benjamin Franklin’s often-quoted saying that “in this world nothing can be said to be certain, except death and taxes” which makes most people stop and think. Everyone should be aware that the only way that one’s heirs can legally wind up one’s estate in accordance with one’s own wishes is if that person leaves a Last Will and Testament.  If you don’t, it is the laws of intestate succession which apply and these laws might have unintended consequences for your heirs. Effective estate planning…
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Our Services

100 years of quality service is what Ashersons has achieved Ashersons Attorneys is a full service boutique law practice so we can assist you with almost any legal issue that you have. For ease of reference, here is a brief overview of some of the legal services that we offer.
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How to Avoid Disputes over Jointly Owned Property

Buying property can be an excellent investment, but it can also be expensive. So sometimes it makes a lot of sense to share the financial burden with someone else. Perhaps for example you are spouses or life partners buying your first home. Perhaps you are a group of families planning to share a holiday house, or two firms looking to co-own business premises. Just be very careful here… What can go wrong? Co-ownership (or “joint ownership” – it’s the same thing) always starts off all fine and friendly. You’re life partners, or business partners, or best friends (you may even be all of those things together) and all is good between you. So nothing can go wrong, right? Unfortunately, it can, and as many bitterly fought court cases can attest, it…
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Starting a Business in 2017: The Private Company Option

Episode 4 In our last article in the series “Choosing the right legal entity for your business” we looked at the partnership option [link] for starting a new business. Let’s move on to the private company option, where your business is owned and operated, not by you as an individual or by a group of individuals, but by a “(Proprietary) Limited” or “(Pty) Ltd”. Although close corporations (CCs) still exist, no new ones are registered, so we will not consider them here other than to note that the owners of a CC are “members” not “shareholders”). What is a private company? Our law treats a private company as a separate legal entity, a “judicial person” with its own “legal personality”. It exists in law separately from its managing officials (directors and management…
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South African’s three marital systems

In South Africa there are only 3 possible marital systems for couples who are getting married to chose from. They are: A marriage in community of property (this is the default system!) A marriage out of community of property with the exclusion of the Accrual system A marriage out of community of property with the inclusion of the accrual system The choice between the 3 marital systems is very important since it will govern how your assets and liabilities (debts) will be dealt with, not only between the two of you, but also between you and other people. A very important thing to remember is that these consequences will not only apply if you get divorced, but also on the death of one of the couple and also in the event…
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Your Will and a practical plan for your loved ones

Whether you are young or old, healthy or ill, single or attached, you should have a Will.  Without one, you die “intestate”, which means you forfeit your right to decide who inherits what, who administers and distributes your estate, and who looks after your children and their money.  You owe it to your loved ones to spare them the inevitable financial and personal risks. So if you don’t yet have a will get one drawn up immediately. Here’s a practical guide to making sure that it will protect and provide for your loved ones properly. Do it properly with a professional Don’t be tempted to use a template Will or to copy a friend’s; there is just too much at stake here to take any chances.  Apart from all the…
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A Home Owner Can Be Evicted As An Unlawful Occupier

Did you know that even as the owner of a house, you could still be evicted from it as an “unlawful occupier”? That could happen if, to take one example from a recent Supreme Court of Appeal matter (A Hendricks v M Hendricks & Others (20519/14) [2015] ZASCA 165), you give someone else a right of habitation (“habitatio”).  But why, you may ask, would you do that? Useful tools for property owners Our law provides you with a range of useful tools to make the most of your property, including several different types of occupational and usage rights. For instance you will come across terms like “usufruct”, “usus” or “habitatio”.  The distinctions between them are fine and not important for now, but what is important is that you don’t use any…
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Starting a business? We discuss the partnership option

Episode 3 - In our last article in the series “Choosing the right legal entity for your business (link)” we looked at the sole proprietorship [link] option.  Let’s move on to the partnership option, where a group of business owners replaces the sole owner/trader. Firstly, what exactly is a partnership? We talk loosely about our “partners” in various contexts, but it is important to understand how the law views the concept in a strictly business situation.  In broad terms a partnership is an association of between 2 to 20 people/companies/trusts who agree to pool resources (such as money, property, services, skills etc – whatever is agreed upon) and to operate a jointly-owned business, trade or profession for profit.  Partnership assets are jointly owned by the partners and profits are split between them…
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Property and trusts – be careful!

For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust.  But no matter why or how it happens, have your lawyer check that whoever signs for the trust is fully authorised to do so. For want of authority, the case is lost If you don't ascertain up front that the person signing the agreement on behalf of the trust is properly authorised, you could be in for a major shock if you come to blows and need to ask a court for assistance. The recent case of Smith v ABSA Bank Limited (A892/2014) [2015] ZAGPPHC 409 deals with a situation where ABSA Bank is forced to approach the Court to enforce a trustee’s personal suretyship. Briefly, the…
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The Pretty Blog Wedding Special

Also called matrimonial law, this is is an area of the law that deals with family matters and domestic relations, and includes: marriage, civil unions, and domestic partnerships. In South Africa family law is more complicated than in other countries due to traditional marriages, and the recognition of religious marriages. e.g. Islamic marriages concluded in terms of Islamic religious law or rites. Our family law team can assist clients with: Antenuptial and Post-Nuptial Contracts General family law advice Estate Planning sadasd  
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