Recent Industry Articles - Ashersons Attorneys

26 Aug 2026

National Wills Week: Do You Really Need 6 Types of Will?

“One ring to rule them all.” (JRR Tolkien in The Lord of the Rings) When it comes to making sure that you get to choose who inherits what from your estate, there really is only “one will to rule them all,” because our law recognises only one type of testamentary will: your “personal will” or “Last Will and Testament”. But what about all the advice to put in place a whole range of other “wills” as well? Do we really need to have an “offshore will”, a “digital will”, a “business will”, an “ethical will” or a “living will”? While…

26 Aug 2026

By Ashersons Attorneys

Better Late Than Never: Marriage Law Drags Itself into the 21st Century

“It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.” (Oliver Wendell Holmes Jr) A couple may marry in one country, live in several others, hold different nationalities and eventually settle in South Africa. If the marriage ends, which country’s law governs their financial and property rights? Under South Africa’s old rules, the answer depended on the husband’s domicile at the time of the marriage. Why the old rule was unconstitutional The common-law rule of lex domicilii matrimonii provided that the financial and property…

26 Aug 2026

By Ashersons Attorneys

A Pothole Causes You to Crash. Can You Sue the Government?

“An ounce of prevention is worth a pound of cure.” (Benjamin Franklin) On New Year’s Day in 2012, the rider was travelling along Airport Road (MR347), between George Airport and Blanco, when his motorcycle struck a pothole approximately 600mm wide. He lost control, collided with a signpost and suffered severe injuries that ultimately required the amputation of his leg. The pothole had existed for several weeks and was difficult to see because its colouring blended with the surrounding road surface. No automatic liability The fact that an accident was caused by a pothole does not, by itself, make a public…

26 Aug 2026

By Ashersons Attorneys

Can Your Neighbour’s CCTV Camera Point into Your Property?

“Good fences make good neighbours.” (Robert Frost) The neighbours, in the affluent suburb of Bakoven, had been locked in an acrimonious dispute for almost two decades when CCTV cameras became the latest point of contention. The cameras installed at one property had a clear line of sight into parts of the neighbouring property, including a courtyard, part of a swimming pool and entertainment area and, according to the neighbour, the interior of a bedroom. The cameras also had 24-hour surveillance and recording capability. Security has limits The camera owners argued that the system had been installed for legitimate security reasons,…

28 Jul 2026

By Ashersons Attorneys

Cancelled Sale, Damaged Property. Who Pays?

“You do not mend a broken vase by handing over a new one.” (Anonymous) When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the property, the purchaser gets the money back, and everyone walks away as if the deal never happened. The law calls this restitutio in integrum, and a recent Gauteng High Court decision shows that putting the parties back where they started can be a far more exact exercise than simply reversing the transaction. Restitution is not a reset button The dispute followed the cancellation of a sale involving a smallholding in…

28 Jul 2026

By Ashersons Attorneys

Can Family Conflict Kibosh a Trust?

“The palest ink is better than the best memory.” (Chinese proverb) A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind up the trust? Not so fast. A recent Supreme Court of Appeal decision shows that a founder’s later wishes do not, without a formal amendment, override the terms of the trust deed. In black and white The trust at the centre of the dispute had been created decades earlier as a discretionary trust, holding…

28 Jul 2026

By Ashersons Attorneys

Does the Consumer Protection Act Protect Every Tenant?

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (attributed to Mark Twain) A married couple moved to Australia and rented out their South African family home while they tested the waters Down Under. Years later, once they had decided to remain abroad, they sold the property and gave their tenant notice under a clause that allowed them to cancel the lease on three months’ written notice. The tenant argued that the lease was protected by the Consumer Protection Act (CPA) and could only be cancelled if he…

28 Jul 2026

By Ashersons Attorneys

Whistleblower Reinstated: Protected Disclosures Act to the Rescue

“…the threat of disciplinary action can be held as a sword of Damocles over the heads of employees …” (Supreme Court of Appeal) The Labour Court’s recent reinstatement of a dismissed whistleblower has confirmed that our laws will robustly protect anyone who reports wrongdoing in the workplace. “The Whistleblower’s Act” removes the Sword of Damocles The Protected Disclosures Act (“PDA”) – commonly referred to as the “Whistleblower’s Act” – protects employees, independent contractors, consultants, agents and workers employed by labour brokers from retaliation after reporting unlawful or improper conduct. Without that protection, as our courts have pointed out, “the threat…

25 Jun 2026

By Ashersons Attorneys

One Bad Letter and Your Eviction Falls Apart

“The single biggest problem in communication is the illusion that it has taken place.” (George Bernard Shaw) Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong that assumption can be. Despite rental arrears of more than R46,000 and an apparently legitimate grievance, a landlord’s eviction application failed because of a problem many people overlook: the cancellation letter. The dispute arose after tenants allegedly fell behind on their rental payments. The landlord sought to terminate the lease and evict the occupants. Although the alleged…

25 Jun 2026

By Ashersons Attorneys

Dementia in the Family? Here Are Your Legal Options

“By failing to prepare, you are preparing to fail.” (Benjamin Franklin) A dementia diagnosis affects far more than memory. As the condition progresses, it can impair a person’s ability to manage finances, make legal decisions, sign contracts, or deal with property and investments. For many families, the legal implications only emerge when practical problems arise. A bank account needs accessing, a property needs selling, or financial decisions must be made for someone who can no longer act independently. At that point, many assume a Power of Attorney will help. South African law says otherwise. The Power of Attorney myth A…