Legal

What Your Independent Trustee Should Be Doing — and Why It Matters

It is in this context that the role of the independent trustee becomes essential. South African courts have long emphasised the need for independent judgment in the administration of family trusts, most notably in the 2003 Land Bank of South Africa vParker decision. This principle was reinforced in 2017 when the Master of the High Court issued a directive requiring many family trusts — particularly those where trustees and beneficiaries are related — to appoint an independent trustee.

By TheLife Team 1 month ago

From Legacy to Liability: The Hidden Risks of Neglected Trusts

“Too many South Africans are sitting on neglected, non-compliant family trusts that haven’t been updated since the 1980s,” says Morne Janse van Rensburg, Managing Director at Hobbs Sinclair, a firm specialising in trust and company compliance, management and estate planning. “We regularly come across trusts where the original trustees have passed away, crucial documentation is missing, and tax returns haven’t been filed in years. It’s a ticking compliance timebomb.”

By TheLife Team 10 months ago

Divorce Mediation: A Path to Fair and Peaceful Resolutions

At Mediation Solutions, I am not just helping couples dissolve their marriage—I am supporting them through a process that allows them to rebuild their lives. Whether it’s making a fair child custody arrangement, ensuring a just maintenance split, or simply bringing some peace to a difficult time, mediation offers a more compassionate alternative to the often cold and impersonal nature of court proceedings.

By T Steynfaardt 1 year ago

Are “Without Prejudice” offers truly without prejudice?

In the world of legal settlements and debt negotiations, the term “without prejudice” has often been used to signify an offer or agreement that cannot be admitted or revealed in court proceedings. However, recent insights from legal rulings raise questions about the true nature of these agreements. PJ Veldhuizen, Managing Director of Gillan and Veldhuizen attorneys, sheds light on the matter.

By TheLife Team 2 years ago

Does your organisation comply with the POPI Act yet?

The Protection of Personal Information (POPI) Act, now a legal requirement for all organisations enforced from 01 July 2021, aims to promote the protection of personal information processed by public and private bodies and to regulate the flow of personal information in South Africa, and cross border for that matter, in accordance with GDPR (General Data Protection Regulation). By: David Elliot – Managing Director ISO SHERQ Holdings Pty Ltd

By TheLife Team 3 years ago

Do business the legal way

In order to do business, the legal way, you need to be a registered business and be tax compliant firstly, but you also need to comply with the labour laws of the country. Depending on the type of industry you trade in, there might also be laws governing the in- and out- flow of goods or services, and how you deal with payments. By Linda Botts

By TheLife Team 4 years ago

Does your organisation comply with the POPI Act yet?

The Protection of Personal Information (POPI) Act, now a legal requirement for all organisations enforced from 01 July 2021, aims to promote the protection of personal information processed by public and private bodies and to regulate the flow of personal information in South Africa, and cross border for that matter, in accordance with GDPR (General Data Protection Regulation).
By: David Elliot – Managing Director ISO SHERQ Holdings Pty Ltd

By TheLife Team 5 years ago