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Spence Law
- Aug 28, 2020
- 4 min
The legal consequences of a customary wedding
by Sarah Gama, Attorney Legal consequences of a customary wedding The conclusion of a customary / traditional wedding is a time of great joy for many families. It marks the beginning of new relationships and the expansion of families. In the midst of the preparation of the festivities, many couples do not consider what the legal consequences are for the couple after the conclusion of the customary / traditional wedding. This article will briefly consider some of the legal con
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Spence Law
- Jul 27, 2020
- 3 min
An Executor in a Deceased Estate
by Sarah Gama, Attorney The executor of an estate After the loss of a loved one, family members have to face the hurdle of winding up the estate of their deceased family member. Very few people are experienced with this process and the task at hand may seem daunting. For estates with a value of less than R250,000, the Master of the High Court may dispense with the need for letters of executorship to be issued and may instead issue letters of authority for the estate represent
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Spence Law
- Jun 6, 2020
- 4 min
What are my options when a party has breached our contract?
We have often been asked what rights a person has when another breaches a term of the agreement between the two parties. There is no "one size fits all" approach when dealing with breaches of agreement- each instance of breach should be considered on a case by case basis, and carefully dealt with so as not to have a situation where one takes the law into his/her own hands, or when one acts contrary to what the contract says- in either situation, the consequences could be dire
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Spence Law
- Jun 3, 2020
- 1 min
We have a new team member and conveyancer! Welcome Wendy!
Spence Attorneys, Notaries & Conveyancers, Pinelands, is very proud to announce that we have a new addition to our team. Welcome Wendy Mvinjelwa! Wendy is an admitted attorney and conveyancer. She holds a Bachelor of Social Sciences degree (UCT) as well as a Bachelor of Laws degree (UCT). She served her articles of clerkship at one of the biggest property law firms in Cape Town, and we are very pleased that she has joined our team. Wendy has experience in conveyancing matters
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Spence Law
- Jun 2, 2020
- 3 min
The Tax Residency of Companies in South Africa
When planning to transact cross border, it is important to bear in mind that setting up a company offshore is not always as easy as it seems, and sometimes it is done simply because the incorporator is of the (often mistaken) belief that doing so in a tax haven will provide opportunities to reduce tax. Whilst in prior years it may have been widespread practice, it is no longer the case. Tax laws have changed internationally in various companies, with the effect that setting u
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Spence Law
- May 27, 2020
- 5 min
Thinly Capitalised Companies & Cross-Border Transactions
Introduction A company is typically financed (or capitalised) through debt and/or equity. Thin capitalisation refers to the situation in which a company is financed through a relatively high level of debt compared to equity levels. Thin capitalisation occurs where a business/ entity/ company has been funded to an extent where the debt is not in proportion to the equity of the business/entity/company, to the extent to that its debt far exceeds its equity with the result that s
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Spence Law
- May 14, 2020
- 1 min
Moving now permitted (once-off)
In terms of the regulations published on 14 May 2020 in Government Gazette No 43320, moving once-off between business premises or residential premises is now permitted, between provinces, metropolitan and district boundaries, irrespective of when the lease agreement was entered into, and irrespective of when the registration of transfer of the property occurred. Provision is also made for those affected by domestic violence to move. Those moving must ensure that they obtain a
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