What Makes a Will Valid in the First Place Before asking whether a will can be set aside, it helps to know what the law actually requires of a valid one. The Wills Act sets out the formalities: the will must be in writing, the testator must sign it, and two competent witnesses who are at least fourteen years old must sign in the presence of the testator and of each other. The testator must also have been at least sixteen years old and mentally capable of understanding the nat

What Is a Spoliation Order? A spoliation order, formally known as the mandament van spolie, is one of the oldest remedies in South African law. Its purpose is narrow but powerful: to restore possession to someone who has been deprived of it without their consent and without following a proper legal process, regardless of who ultimately has the better claim to the property. The underlying principle is that nobody is allowed to take the law into their own hands. If you believe

What Is a Levy Clearance Certificate? A levy clearance certificate is a document issued by a sectional title scheme's body corporate confirming that the seller, as the outgoing owner, has settled everything owed to the scheme, or has made arrangements the body corporate is satisfied with. Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 prevents the Registrar of Deeds from registering the transfer of a unit unless a conveyancer produces this certificate. In pra

Why couples want to change their matrimonial property regime The reasons vary, but a handful come up repeatedly. A spouse going into business, or becoming a director or member of a company, often wants out of community of property so that a joint estate is not exposed if the venture runs into debt. Couples who married young and signed a standard out of community contract without accrual sometimes want to add fairness back into the arrangement later in the marriage. Blended fa