News from wessels + van zyl inc…
Contracting with Trusts – Is a Majority Resolution Valid?
“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...
In the Land of the Will, Clarity is King
“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...
Rising Damp and Failed Waterproofing: How to Sue the Sellers
“[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...
The Pothole Plague – Claiming Damages
“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...
Lending to a Friend or Relative – When Must You Register as a Credit Provider?
“In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and informal sort of thing to do. But beware...
Property: Why Do You Need an Occupancy Certificate Before You Buy?
“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take...