Legal Speak Made Easy

Legal Speak Made Easy

“Restitutio in Integrum” An ancient Roman law remedy literally meaning “restoration to the original state”, restitutio in integrum aims to restore people, as far as possible, to the position they would have been in if a wrongful act or transaction hadn’t...
Does the Consumer Protection Act Protect Every Tenant?

Does the Consumer Protection Act Protect Every Tenant?

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (attributed to Mark Twain) A married couple moved to Australia and rented out their South African family home while they tested the...
Can Family Conflict Kibosh a Trust?

Can Family Conflict Kibosh a Trust?

“The palest ink is better than the best memory.” (Chinese proverb) A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind...
Cancelled Sale, Damaged Property. Who Pays?

Cancelled Sale, Damaged Property. Who Pays?

“You do not mend a broken vase by handing over a new one.” (Anonymous) When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the property, the purchaser gets the money back, and everyone walks away as if the deal never...
Legal Speak Made Easy

Legal Speak Made Easy

“Dormant Trust” You will see and hear the phrase “dormant trust” bandied about a lot, normally in relation to what ongoing duties the trustees of non-active trusts do and don’t have. Be warned that SARS says that there is no such legal concept as a “dormant trust” and...