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Spence Law
- Oct 20, 2020
- 3 min
LOOP STRUCTURES – WHAT ARE THEY AND WHY DO THEY MATTER?
An investment into a foreign entity that develops into an investment loop (as a result of money coming back into the country through a loan and/or an investment from this foreign entity) creates a loop structure. This loop structure could possibly contravene South African exchange control regulations. It is important to know about loop structures and understand the South African law surrounding this. Those who lack insight on loop structures could experience untoward penaltie
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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
- Aug 7, 2020
- 3 min
What are servitudes?
A servitude is a right that serves someone through the granting of a right. A servitude can either be a personal servitude (in favour of a specific person), or a praedial servitude (over land). A personal servitude can be a Usufruct (a personal right granting the holder of the right to the use and fruits of property), a right of Usus or a right of Habitatio. These rights are typically granted through a Notarial Deed of Usufruct/ Usus/ Habitatio (which needs to be signed befor
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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 24, 2020
- 3 min
The Importance Of Having an Independent Trustee for your Trust
Is your independent trustee really independent?
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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
- 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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