Recent Industry Articles - Page 4 of 53 - Ashersons Attorneys

06 Jan 2026

Electronic Wills Aren’t Valid: Stick to Pen and Paper

“Let’s choose executors and talk of wills.” (William Shakespeare in Richard II) You may have read one of the many online articles about an electronic will being validated recently by the High Court. Don’t be misled into thinking that electronic wills are now valid as a matter of course – they most certainly are not. Unless and until our Wills Act is updated to say otherwise, not leaving a written and signed will complying with all the Act’s formalities exposes your grieving loved ones to the risk of a hard-fought court battle at the worst possible time. What makes a…

06 Jan 2026

By Ashersons Attorneys

How to Fund Your Divorce if Your Spouse Can Outlitigate You

“For what is wedlock forced but a hell, An age of discord and continual strife?” (William Shakespeare in Henry VI Part I) This article is a balm for anyone unfortunate enough to be stuck in an unhappy marriage full of Shakespeare’s “discord and continual strife”, yet too scared to consider divorce because of the costs. An uncontested divorce in which you agree on everything need not cost much, but it’s a very different story if you know that your spouse will fight you to the bitter end. The hard reality is that contested divorces can be extremely expensive. But if…

25 Nov 2025

By Ashersons Attorneys

Can You Airbnb Your House or Apartment in a Residential Complex?

“Landlords grow rich in their sleep.” (John Stuart Mill, economist) If you are thinking of buying (or already own) a house or apartment in a residential complex with the idea of renting it out as an Airbnb (whether permanently or on an “I can make a fortune this Christmas” basis), tread carefully. A recent High Court decision has signalled confirmation that your body corporate or homeowners’ association (HOA) can, within limits, regulate your right to do so. Residents vs. Renters The setting for this dispute is a large residential scheme in the Silver Lakes area of Pretoria, envisioned by its…

25 Nov 2025

By Ashersons Attorneys

Prescription, Procrastination, and Personal Liability for Corporate Debts

“I have heard that in war, haste can be folly, but have never seen delay that was wise.” (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of increasingly costly court battles. Which is where Sun Tzu’s warning against delay comes into play, because not starting collection in time could defeat your claim entirely. The reason of course is that debts – with only a few exceptions – prescribe (become unenforceable) after three years. Although that sounds…

25 Nov 2025

By Ashersons Attorneys

Alcohol at Work: The Cough Mixture Defence

“The employer shall ensure, as far as is reasonably practicable, that all persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.” (Occupational Health and Safety Act) The season of goodwill, holidays, celebrations, and year-end functions is upon us once again. And with it comes a timely reminder to employers that, while their “zero tolerance” alcohol-at-work policies may be key to maintaining health and safety in the workplace, they have their limits when it comes to disciplining offenders. Two teaspoons of cough mixture A forklift driver with an impeccable six-year…

25 Nov 2025

By Ashersons Attorneys

The AARTO National Rollout has Been Delayed – But Beware of Scams!

“South African drivers, beware! Scammers are issuing fake traffic fines to catch you off guard! Always use AARTO approved collecting agents for your payments.” (Road Traffic Infringement Agency) The national rollout of AARTO has again been postponed, this time to July 2026. Speculation is that we now won’t see the demerit system implemented before the middle of 2027, but both dates remain provisional until gazetted. None of this should stop us from sharing with our families, friends, colleagues and staff this warning: Scammers don’t care about the delayed rollout date, they’re too busy stealing from harried motorists. How to avoid…

28 Oct 2025

By Ashersons Attorneys

Selling Your House This Summer? Get Your Ducks in a Row With This Checklist

“In the summertime, when the weather is high, you can stretch right up and touch the sky.” (Mungo Jerry) Summer’s here with its blue skies, happy holidaymakers from around the country and the world, and, as always, an upsurge in demand for houses. If you’re going to capitalise on this seasonal upswing, start planning your sales strategy now with our simple, practical Seller’s Checklist below. Follow these 10 steps for a successful sale: 1. Ask yourself “What’s my goal and how will I get there?” The first step is to outline your strategy, starting with your end goal. Of course,…

28 Oct 2025

By Ashersons Attorneys

Parental Leave: Out With the Old, in With the New

“Raising kids is part joy and part guerilla warfare.” (Ed Asner, actor with a great sense of humour!) A game-changing judgment from our Constitutional Court sets out new rules for parental leave. The joy of becoming parents, and a father’s leave dilemma The birth of a couple’s first child presented them with both a bundle of joy and a practical dilemma. Dad wanted to be the baby’s primary caregiver while his wife carried on running her two businesses, so he asked his employer for four months’ parental leave. “Sorry,” said his boss, “the law only allows you ten days”. In…

28 Oct 2025

By Ashersons Attorneys

Wedding Bells? You Can Both Choose Your Own Surnames Now

“A family name holds the music of generations – it’s the first inheritance we receive.” (Attributed to Irish poet-philosopher John O’Donohue) The Constitutional Court has just confirmed (with some significant adjustments) last year’s High Court ruling that both partners in a marriage have equal rights to choose their surname. Previously, a woman – and only a woman – could choose when marrying to take her spouse’s surname, or to retain her own surname, or to assume a double-barrelled surname (her own surname with her husband’s surname). However, if a man wanted to do the same (to adopt his wife’s surname…

28 Oct 2025

By Ashersons Attorneys

As 1 December Looms, Here’s What AARTO Means for Motorists and Employers

“Forewarned is forearmed.” (Wise old proverb) Government keeps assuring us that the long-delayed AARTO (Administrative Adjudication of Road Traffic Offences) system will finally begin its full national rollout on 1 December 2025. Is this another false start or the real thing this time? There have been so many false starts to AARTO over the last fifteen years that many of us will no doubt take the attitude “I’ll believe it when I see it” … Particularly with all the speculation that the implementation could be delayed, varied or even blocked again by legal and other challenges. But let’s not be…