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Website of the Month: Four Key Areas in Your Strategic Planning

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“Strategy is the art of carefully selecting where a business applies its focus and resources in order to achieve its ultimate aim. A large part of the work is in selecting what not to do rather than what’s to be added.” Strategic planning is an essential part of optimising...

Your Will Can’t Wait: The Tragic Case of a Mother Who Took Too Long

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“We are such stuff / As dreams are made on, and our little life / Is rounded with a sleep.” (Shakespeare) We aren’t comfortable thinking about our mortality, but death comes to all of us and it is our loved ones who will suffer if we don’t make plans to look after them whilst we...

Owning Property Jointly – The Rewards, The Risks, and The Remedy

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“Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to buying property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if there is a falling-out with your co-owner....

Heigh Ho, Heigh Ho, It’s Off to Court We Go – But What are the Costs of Suing?

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“Agree, for the law is costly” (Marcus Tullius Cicero) As Roman lawyer and statesman Cicero pointed out two millennia ago, litigation comes at a cost. So first prize will always be to settle out of court. If you can’t settle and decide to sue, arm yourself with “deep pockets and...

It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

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“A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted” (High Court Rules) Selling a house in...

Website of the Month: Seven Steps to Becoming a Successful Landlord

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“Landlords grow rich in their sleep” (John Stuart Mill) Earning passive income as a landlord is an attractive proposition which can generate substantial wealth, but before you rush into anything be sure to know exactly what you are doing. “From homeowner to landlord: how to make...

12 Questions to Ask Before You Sign That Deed of Sale

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“Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when it...

Directors – When Are They Personally Liable?

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“… for the benefit of immunity from liability for its debts, those running the corporation may not use its formal identity to incur obligations recklessly, grossly negligently or fraudulently. If they do, they risk being made personally liable.” (Quoted in the judgment below)...

The Trouble with Family Loans: A R540,000 Lesson

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“How sharper than a serpent’s tooth it is to have a thankless child!” (Shakespeare) “Family helps family in times of need” – that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court...

Fired for Off-Duty CBD Oil Use and Cannabis Smoking

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“… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any protection...

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