Can a testator disinherit their surviving spouse?
The Maintenance of Surviving Spouses Act 27 of 1990 permits surviving spouses to seek maintenance from the deceased spouse’s estate upon the marriage ending due to death. This claim lasts until the survivor’s death or remarriage and factors in estate value, the survivor’s financial circumstances, marriage duration, living standards, and age. It is widely recognised […]
How to become a parent
When it comes to the structure of families, Bob Dylan described it adequately when he said, “the times they are a-changing’”. The liberation of sexual orientation and rise in popularity of alternative families have changed what society sees as the “norm” for families.The question is whether legislation has changed with the times as well. Legislation […]
Paternity leave for men
From January 2019, working South African men are entitled to 10 days of paternity leave after the birth of their child. The Labour Amendment Act also includes provisions for 10 weeks of parental adoption leave if the baby is under the age of two years (this applies to only one of the parents) and surrogacy […]
Exclusion of liability whilst on a family outing
Dad says – let’s spend a fun day at the amusement park (for “amusement park” read water park, school rugby match, almost any place of entertainment and gathering where persons meet to enjoy themselves). But if any injury or loss were to occur, then that visit will automatically open a host of potential legal issues […]
Antenuptial contracts: With or without the accrual system?
If you don’t have an ANC, you are automatically married in community of property. This means that there is one estate between a husband and a wife. Everything is shared equally between spouses, which includes debts. However, with an antenuptial contract, the estates of each spouse remain separate. The difference comes with the addition of […]
Compensation for a fatal holiday resort accident
Emily and Nathan were a happily married couple in their early thirties with two minor children. Emily was a stay at home mom and Nathan was the breadwinner of the family. The family decided to take a vacation in Sun City, which ended tragically when Nathan was fatally injured on a Valley of the Waves […]