Dementia: Understanding Your Legal Options
All of us are likely at some stage of our lives to have to address the challenges of a family member suffering from dementia. What can you do to help and protect them when they lose the mental capacity to handle their own legal and financial affairs? After sinking the myth of the “power of […]
Coffee With Us: National (free) Wills Week
National (free) Wills Week this year is from 11 to 15 September 2023. The importance of an up-to-date and valid Will cannot be over-estimated. In your Will you: appoint the person who you want to take care of the winding up of your affairs (legal and practical aspects) appoint the legatees to who you want […]
How to protect your children’s inheritances from ending up in the guardian’s fund
It’s always tempting to procrastinate about decisions that force us to address the inevitability of our own mortality. But we have no choice when it comes to protecting our loved ones after we are gone, because to protect them a will (“Last Will and Testament”) is not a nice-to-have, it’s a necessity. And it’s urgent. […]
Landlords: You cannot cut a defaulting tenant’s water and electricity
“A fundamental principle in issue here is that nobody may take the law into their own hands. In order to preserve order and peace in society the court will summarily grant an order for restoration of the status quo where such deprivation has occurred, and it will do so without going into the merits of […]
Landlords: Can you cut electricity to collect arrears or evict?
A landlord battling a problem tenant may be tempted to bypass the delays and cost of legal action with some robust “self-help” action, like cutting electricity or water, or blocking access to the premises with a change of locks or access cards. The problem is that our law has always frowned on the concept of […]
Don’t lose your claim to prescription – Know the law!
“Ignorantia iuris nocet” (old Roman proverb meaning “Not knowing the law is harmful”) Most of us know how important it is to sue our debtors well before prescription permanently takes away our right to claim. But what if you did nothing until it was too late because you didn’t even know you had a claim […]
Verbal agreements: The property perspective
“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) A recent High Court judgment is yet another reminder of how essential it is to comply with all necessary formalities when entering into any sort of agreement, particularly when dealing with the sale of property. A fight over eviction and a property transfer […]
WHAT IS AN OCCUPANCY CERTIFICATE? WHY DO YOU NEED IT?
“Cheops’ Law: Nothing ever gets built on schedule or within budget” (Robert A. Heinlein) Hopefully you won’t have to wait 20 years for your new dream home to be built – that’s how long Cheops (ancient Egyptian Pharaoh) had to hang around twiddling his thumbs whilst his Great Pyramid of Giza was going up – […]
PROPERTY AGREEMENTS – AN ALTERATION COULD SINK YOUR SALE!
“Agreement makes law” (Old legal maxim) Although in our law most verbal contracts are binding, property sale agreements are an exception. They must be in writing and signed by the parties to be valid, the reason being that it greatly reduces the risk of confusion or dispute as to what the buyer and seller […]