by Wessels + Van Zyl Inc | Aug 26, 2026 | Wills and Estate Planning
At the heart of your estate planning is your will (“Last Will and Testament”). Without it, you lose your right to choose your heirs, to choose the executor of your estate, and to choose who will look after your children and your family trusts when you die. But there’s lots of online chatter about other types of “will” such as offshore wills, digital wills, business wills, ethical wills and living wills. What are they and do you really need to put them all in place?
by Wessels + Van Zyl Inc | Aug 26, 2026 | Family Law
For decades, South African law used the husband’s legal home at the time of marriage to decide which country’s law governed a couple’s financial and property rights when they had ties to more than one country. A recent Western Cape High Court judgment declared that rule unconstitutional and introduced a gender-neutral framework for deciding which country’s law applies. Courts elsewhere in the country are not bound by the judgment but are likely to follow it.
by Wessels + Van Zyl Inc | Aug 26, 2026 | Delict and Civil Claims
In most cases hitting a pothole results in a damaged tyre or wheel. But for one unfortunate motorcyclist who hit a 60cm behemoth near George, it meant losing a leg. The High Court held the Department of Infrastructure liable for his damages, finding that the roads authority had failed to detect, repair or warn road users about a dangerous defect it knew, or should have known, about.
by Wessels + Van Zyl Inc | Aug 26, 2026 | Property
Home security cameras are increasingly common, but protecting your property does not give you an unrestricted right to monitor your neighbours. A dispute between Cape Town neighbours has clarified where the line may be drawn. The bottom line? CCTV surveillance of a neighbour’s private spaces can infringe their constitutional rights to privacy and dignity.
by Wessels + Van Zyl Inc | Jul 28, 2026 | Property
When a sale falls through, most people assume restitution means simply giving back the money and the property. A recent High Court decision shows it is rarely that straightforward, particularly if the property itself has changed in the interim. The ruling explains how restoration costs should be worked out, and why the condition of the property when occupation begins can matter years later.
