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Legal Advice Office in South Africa

The Legal Advice Office in South Africa

The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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Trus fund 3

You don’t have to lose all control over assets in a trust

Firstly; let us have a look at Trusts

 The general nature of a discretionary trust is to exist separately from the donor, with the trustees owning and managing the trust assets to the benefit of the beneficiaries of the said trust (in their capacity as trustees acting in a fiduciary relationship).

The assets that have been donated or sold to the trust are legally owned separately from the donor and the trustees’ personal estate and accordingly do not form part of the personal estates of the donor or trustees. These assets are kept, owned and managed on behalf of the discretionary beneficiaries. These are the core principles which the majority of people who establish trusts, are familiar with. 

alzheimers grandpa with child

The law allows each individual person who is a major and over the age of 18 years of age to manage and control their own affairs and finances; but what happens when they cannot do so?

We received this query a week ago.

“My mother has been living with Alzheimer’s for a number of years now. She has always been very independent and insisted on managing her own affairs and finances even after my father passed away in 2008. Unfortunately, of late, she has deteriorated very badly, to the point where I am very concerned about her financial situation and her care. I know my father left her some money, and I want to make sure that this money is correctly used for her care and wellbeing. But am I allowed to take over control of her affairs?”

Drunken driving 2

 The reality is that the arrest of a person doesn’t necessarily only happen to violent or hardened criminals

Below is an email to The Legal Advice Office from last Thursday.

 “ The son of a friend of mine was arrested two weekends ago In Rondebosch (Cape Town) for drunk driving and this has been quite a traumatic experience for her and her family to get their son released on bail. I have to admit I know nothing about bail or the bail process and I am worried that I won’t know what to do if, heaven forbid, my own child be arrested on some future occasion.

Please advise as to how bail works and what one needs to know and do in these circumstances.”

travellers marriage

A “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare! 

 As the world gets smaller and smaller and global movement increases, an “international wedding” becomes a much greater reality for many couples.

From the beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy.

These are all distinct possibilities if one can afford it.

This international marriage or “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare when questions regarding the matrimonial property regime of the parties are raised at the time of a divorce or the death of one of the parties to the marriage.

The question arises as to which legal regime governs the marriage: the country where they were married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain and legal nightmare.

residential house lease cancel

One has to draw a clear distinction between lease agreements for residential properties and those that are for commercial properties

We received the following in an email this last week.

“I signed a 2-year lease agreement with my landlord on the 27th February 2018 and the lease agreement came into effect on the 1st March this year. I simply cannot afford the rent and I wrote to my landlord on the 29th June cancelling the lease and requesting repayment of my security deposit of R 28000.00. He has refused to refund me. What can I do?” 

common vs legislation law

Legislation is a law created by Parliament Common law is that system of our law handed down to us from generation to generation.

In response to a number of inquiries where it appears, there is a clear need to explain the difference between the various branches of SA Law including both civil law and criminal law; we will today discuss this topic in a short blog.

In the South African Legal System; we can differentiate between various spheres of the Law within that same system.

Initially; it is important to understand the difference between Common Law and Legislation.

fake sick leave

The abuse of sick leave by employees is a pandemic that affects many employers.

Last week we had an inquiry; part of which read as follows:

“I employ through my small engineering business 16 employees, but I have a constant issue with sick leave. How can I deal with this issue fairly with my staff; and yet, at the same time, stop abuse by my employees; which is a real practical and financial problem for my business.”

Today; we will try to elaborate on this issue and cover the above topics.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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