Brian Kahn Inc

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 […]

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 […]