ARTICLES | Julies Attorneys

A reasonable time period for a workplace investigation

Janine Julies2023-09-29T13:24:31+02:00September 16, 2023|LABOUR LAW|

A reasonable time period for a workplace investigation into an employee There is no specific time limit for a workplace investigation into an employee. However, it is generally recommended that investigations be completed as quickly as possible, while still ensuring that the process is fair and thorough. The time period for an investigation usually vary depending on the complexity of the case, the number of witnesses and evidence involved, and ...

Antenuptial Contracts 101

Janine Julies2023-08-12T13:29:10+02:00August 12, 2023|ESTATE PLANNING, FAMILY LAW, PROPERTY LAW|

Antenuptial Contracts 101 An antenuptial contract, also referred to as a prenuptial contract, arranges the matrimonial property system of spouses. It regulates how property will be owned in the marriage because spouses can decide to own their estates separately or jointly. The antenuptial contract can however also be used for many different purposes and this include the provision of donations or even future gifts between spouses, estate planning, the creation ...

Notice to Employees of Workplace Investigations

Janine Julies2023-07-19T18:34:12+02:00July 19, 2023|LABOUR LAW|

Notice to Employees of Workplace Investigations An employer is not legally required to give notice to an employee that they are being investigated for misconduct. However, it is generally considered good practice for an employer to inform the employee of the investigation, and the reasons for it, as soon as possible. There are several reasons why an employer should consider giving notice to an employee that they are being investigated ...

Once-off payout for qualifying, first-time homeowners

Janine Julies2023-07-15T13:10:17+02:00July 15, 2023|PROPERTY LAW|

Once-off payout for qualifying, first-time homeowners Owning a home is the dream of many people and the government also wants to see more people owning a home. The Department of Human Settlements therefore makes a once-off payout to qualifying home buyers. The payout forms part of the Finance Linked Individual Subsidy Programme, popularly known as FLISP. This programme of government pays out a certain amount of money to first-time home ...

Can a body corporate discuss topics that were not on the AGM Agenda?

Janine Julies2023-07-04T22:01:22+02:00July 4, 2023|PROPERTY LAW|

Can a body corporate discuss topics that were not on the AGM Agenda? All sectional title schemes are required to hold annual general meetings (AGMs) in accordance with the provisions of the Sectional Titles Schemes Management Act (STSMA) of 2011. According to the STSMA, a notice of at least 14 days must be given to all members of the sectional title scheme for the Annual General Meeting (AGM). The notice ...

Separated spouses may claim maintenance

Janine Julies2023-07-04T21:44:15+02:00June 27, 2023|ESTATE PLANNING, FAMILY LAW|

Separated spouses may claim maintenance Spouses who were separated at the time of the death of a spouse may also rely on the Maintenance of the Surviving Spouse Act 27 of 1990 (MSSA) in certain circumstances. Under the Act, a surviving spouse who was separated from the deceased spouse, but who is not legally divorced may be entitled to maintenance if: The deceased spouse was legally responsible for maintaining the ...

When does a tenant become an unlawful or illegal occupant?

Janine Julies2023-06-23T09:56:27+02:00June 5, 2023|LITIGATION LAW, PROPERTY LAW|

When does a tenant become an unlawful or illegal occupant? A tenant can become an unlawful or illegal occupant of a property under certain circumstances. Here are some situations where a tenant's occupation may be considered unlawful or illegal: Expiry or termination of the lease: If a tenant remains in possession of the property after the expiration or lawful termination of their lease agreement without the landlord's consent, their occupation becomes ...

Dealing with estate agents? Here are some tips

Janine Julies2023-05-30T12:01:27+02:00May 30, 2023|PROPERTY LAW|

Dealing with estate agents? Here are some tips Buying a home is one of the biggest investments that any person will make during their lifetime. If you are buying a new house and dealing with estate agents, here are some tips to keep in mind: Choose a reputable estate agent: Look for an estate agent who is registered and who has a good reputation in the industry. Ask questions: Don't ...

What is a living trust?

Janine Julies2023-08-12T12:59:38+02:00May 21, 2023|ESTATE PLANNING, FAMILY LAW|

What is a living trust? A living trust, also known as an inter vivos trust, is a legal arrangement where a person (the "Founder/ Donor") transfers ownership of their assets to a trust during their lifetime. The trust is managed by trustees, who are appointed by the Founder, and the trust assets are held for the benefit of the beneficiaries that are named in the trust deed. The founder can ...

6 Ways To Reduce The Taxes Of A Deceased Person In South Africa

Janine Julies2023-06-27T21:01:27+02:00March 16, 2023|ESTATE PLANNING|

6 Ways To Reduce The Taxes Of A Deceased Person In South Africa There are several ways to reduce the taxes associated with estate administration. These include: Review the will: Review the will to ensure it is structured to minimise taxes. For example, consider using trusts or other tax-efficient structures. Take advantage of tax exemptions: Certain tax exemptions can be applied to estates, such as the primary residence and certain assets. ...