by Wessels + Van Zyl Inc | May 27, 2024 | Family Law
“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of...
by Wessels + Van Zyl Inc | May 27, 2024 | Contract, Property, Trusts
“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...
by Wessels + Van Zyl Inc | Apr 25, 2024 | Wills and Estate Planning
“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.”...
by Wessels + Van Zyl Inc | Apr 25, 2024 | Property
“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a...
by Wessels + Van Zyl Inc | Apr 25, 2024 | Delict and Civil Claims
“If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet...
