Category Archives: News & Resources

The Guardian’s Fund falls under the management of the Master of the High Court with each Master administrating their own Fund, in total there are 14 funds across South Africa. The Guardian’s Fund was formed with the purpose of administering funds which are paid to the Master of the High Court on behalf of various […]

South African law recognises the freedom of testation and only a person of age of 16 years and older may make a Will. The condition is that he or she has the mental capacity to appreciate the nature and effect of his or her act. Even though a person has a freedom of making a […]

Mediation and Arbitration are processes used to settle legal disputes. However, not all disputes can be settled through arbitration and mediation, for example: insolvency proceedings; matrimonial causes except settlement of terms of separation; and divorce cannot be referred for arbitration In a case where mediation has failed, the matter can be resolved through arbitration which […]

A Will is one of the most important documents a person has to create in their life time. It represents a person’s last wishes as to what he/she wants to happen to his /her assets after they pass away. In addition it is an act that conveys your wishes providing for the care of your […]

The Litigation process in terms of Civil Disputes and Trial Proceedings What is Litigation? A dispute is a disagreement between two or more people. For example, this disagreement can relate to maintenance after a divorce, the divorce itself or your neighbour disturbing the use and enjoyment of your property. Civil Litigation As an example, we […]

Andrea Buchanan The South African Constitution includes the Bill of Rights, with the aim of protecting all people in South Africa. These include the right to use, enjoyment and disposal of property, the right to education, the right to security, and the right to equality, to name a few. The fundamental rights which are the […]

Andrea Buchanan A ‘surrogate mother’ is defined in the Children’s Act 38 of 2005 as an adult woman who enters into a surrogate motherhood agreement. Such an agreement is entered into between the surrogate mother and the commissioning parents or parent. The agreement states that the surrogate mother will be artificially fertilised for the purpose […]

Protection of your Personal Information – POPI Protection of information can be looked at from two sides. First, from the perspective of the individual: we are all on someone’s contact list. The result is potentially many text messages or e-mails wanting to sell us something or other. When we receive these we tend to want […]

In order for a surrogacy agreement to be valid it must be made an order of court. This is done by means of an Ex parte application to the High Court. This means that there are no opposing/responding parties. Due to the sensitivity of the matter the parties’ names are not made public. A surrogacy […]

Contracts of a lease or rental agreement nature are reciprocal agreements between two or more parties. This legal contract will bind the Lessor to give the Lessee the temporary use and enjoyment, wholly or in part, of the property, he or she is leasing and the Lessee will, in turn, pay for the use and […]