All agreements, whether verbal or reduced to writing, have terms and conditions. The meaning and effect of the two concepts are however very often confused. The terms of an agreement are the undertakings the parties give to each other to make up their agreement. To use an agreement for the sale of land as an […]
TERMS AND CONDITIONS IN AGREEMENTS Read More »
Every person has a home for legal purposes . It is the country whose governmental authority that person heeds, where he pays his taxes, where he derives state benefits etc. This is known as his country of domicile. The term “domicile is derived from the Latin term “domicilium” which in turn comes from “domum colere”,
THE MEANING OF DOMICILE Read More »
Contrary to popular belief, a document purporting to be a will can be regarded as a will even though the formalities required for the will to be signed as per the Wills Act, of 1953 have not been complied with. The requirements for the valid execution of a will are: Signature by the testator in
THE VALIDITY OF WILLS Read More »
“Prenup” is a term often used in movies and the American media. It is an abbreviation of the phrase” pre-nuptial agreement”. It is a reference to an agreement we know as an antenuptial contract, commonly referred to as an ANC, being an agreement entered into between two people who are about to get married, regulating
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A problem that often occurs with neighbouring properties is that of encroachment. By definition, an encroachment is very seldom if ever a deliberate intrusion onto the land or property of another. It may however arise because of negligence on the part of the encroaching owner. Encroachments can be divided into the following categories : (a)overhanging
ENCROACHMENTS: REMEDIES Read More »
The inescapable reality of property ownership is that damage to it can and does occur. Who is liable when that occurs? In the case of freehold property i.e. homes that are not part of a sectional title development, the answer is straightforward. The owner is responsible for the maintenance and upkeep of the entire structure
DAMAGE TO THE INTERIOR OF SECTIONAL TITLE UNITS : WHO IS LIABLE? Read More »
A will is an essential legal document that allows you to decide how your assets will be distributed after your death. However, not all wills are valid. Several factors can render a will invalid or limit the freedom of a testator‘s disposition of their estate. Here’s what you need to know to ensure your will
Is your will valid? Here are the grounds for invalidity you need to know Read More »
The formalities for the signature (also referred to as execution) of Wills are laid down in the Wills Act No 7/1953: The testator’s signature must be in the original made in ink. A copy will not suffice. In addition, despite the increasing popularity of electronic signatures, such a signature will also not comply with the
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