Legal Advice Archives - Ashersons Attorneys

28 Jan 2025

When can somebody be subject to an Administration Order?

In South African legal terms, when we speak of "general administration" pertaining to people who cannot manage their own affairs, we are primarily referring to mechanisms established to provide legal oversight and management of the financial and/or personal well-being of individuals who lack the mental or physical capacity to do so for themselves. This is crucial because, legally, every adult is presumed to be capable of managing their own affairs until proven otherwise. There are two primary legal mechanisms for this "general administration" in South Africa, each with its own specific application, the first is curatorship, and the second is…

Estate Planning and Wills: A Checklist to Protect Your Family

Amazingly, here we are in the middle of a deadly pandemic yet still some 70% - 80% of working South Africans are said to have no will in place. That’s crazy for two reasons – Without a will your loved ones are exposed When you die your grieving family must start learning to cope without you, don’t expose them to the added uncertainty and worry that they will face if you haven’t left in place a valid will (often referred to as a “Last Will and Testament” to distinguish it from a “Living Will”). Without a will, your estate will…

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…