Articles about common legal questions and problems.
The costs of winding-up a deceased estate. What is the cost of dying in South Africa?
The costs of winding-up a deceased estate may affect your heirs’ inheritance. It is useful to consider these costs when doing your Estate Planning.
Can a Salary, Investment or Bank Account be attached to satisfy a Judgement? Garnishee Orders and Emolument Attachment Order
Did you know that money can also be attached to satisfy a Court Judgement? Garnishee Orders and Emoluments Attachment Orders are used to attach money.
Can I get rid of a Judgement?
There is a way to have a judgement removed from your name; it is called a “Rescission of Judgement”. We discuss the strict rules for a Rescission here.
What can I use as a Proof of Residence?
You have heard of a “Proof of Residence”, but exactly what can you use as a Proof of Residence? There might be more options than you think.
Do I need a Witness to sign my documents?
“Does a Witness need to sign this document?”, is a common question. GCM Legal discusses when witnesses are necessary and when they are not.
What are the Powers of the Sheriff?
Powers of the Sheriff are discussed here. They do not wear star badges but they do act for the Courts including executing Court Orders.
What information should be on my Letterhead?
Does your business have a Letterhead? Did you know that Letterheads are required to have certain information in terms of South African Law?
What are transfer duties and property transfer costs?
Property transfer costs are often overlooked by property buyers. Here we discuss the costs you will be charged when buying a new house.
Do I get my legal costs back if I win my case? What are party and party costs?
A winning party can get some legal costs back from the other party. The costs are calculated on a tariff basis.
What is a Warrant of Execution? How to collect on a Court Judgment?
The goal of litigation is usually to get paid. A warrant of execution helps you collect your money after you get your judgement.
What are minority shareholders’ appraisal rights?
Can minority shareholders force the majority to act in a certain way? Appraisal rights can be used to achieve this in certain circumstances.
What is an “Act of Insolvency” and how common are they?
How a person “acts” when they owe someone money is important. What an act of insolvency is exactly will be helpful to Debtors and Creditors.
Am I Responsible for the actions of my Employee and what is Vicarious Liability?
This article explains how employers can be held responsible for the actions of employees through the legal principle of Vicarious Liability.
Can I register an Ante-nuptial Contract (ANC) after I am married?
It is a complicated, difficult and costly process to register an ante-nuptial contract after you are married. We explain the process here.
How long does a debt last? … Legal prescription in South Africa
Legal Prescription is a legal principle that sets out how long someone has to collect a debt. Here we discuss how prescription effects you.
Part 2 – How to sell your business? 4 Things to consider
Do you want to sell your business? If your answer is “yes”, you will find this second part of our article on selling your business helpful.
Part 1 – How to sell your business? 4 Things to consider
Do you want to sell your business? If your answer is “yes”, you will find this first part of our article on selling your business helpful.
Can a body corporate or landlord cut off your electricity?
Landlords and Body Corporates sometimes try cutting electricity to get tenants to pay. Here we discuss the Laws relating to this situation.
Restraint of Trade Clauses – What do they mean and are they legal?
A restraint of trade is a common provision in commercial contracts. They are intended to provide protection but they may not be legal.
Choice of Business Structures in South Africa : Sole Proprietor : PART 5
The South African company system is well developed and regulated. Here we discuss the advantages and disadvantages of a Sole Proprietor.
Choice of Business Structures in South Africa : Partnerships : PART 4
The South African company system is well developed and regulated. This article discusses the advantages and disadvantages of Partnerships.
Choice of Business Structures in South Africa : Personal Liability Companies : PART 3
The South African company system is well developed and regulated. Here we discuss the advantages and disadvantages of Personal Liability Companies.
Choice of Business Structures in South Africa : Public Companies : PART 2
The South African company system is well developed and regulated. Here we discuss the advantages and disadvantages of Public Companies.
Choice of Business Structures in South Africa : Private Companies : PART 1
The South African company system is well developed and regulated. This article discusses the advantages and disadvantages of Private Companies.
Glossary of Legal Terms
This article will provide explanations for many of the legal terms and words you will find on this website.
9 common clauses in franchise agreements explained.
A franchise can be a good way to start a business but being a franchisee can be onerous. This article explains so common franchise clauses.
How does a trust “end” and what happens when it “ends”?
This article deals with how a Trust can end and what happens to the assets of the Trust when it ends.
Heirs of a deceased estate will find this advice helpful.
Here we discuss 8 important steps an heir of a deceased Estate should take to ensure their loved one’s wishes are taken care of without delay.
Behind on your bond or car payments? What is a Section 129 Notice?
If you have finance from a credit provider and you fall behind on your payments, the credit provider must send you a Section 129 Notice.
Another 6 things to know about South African Companies.
In this article, we discuss another 6 useful things to know about South African Companies; this is part 2 of this article.
What is marriage IN community of property?
A marriage IN Community of Property is the default marriage system that is applied (i.e. when you get married without an ante-nuptial contact)
How to remove a director of a company in South Africa?
There are strict rules to follow when removing a director without consent, this article will help you understand to process involved.
9 things you must do to sign a Will correctly
A Will is an essential legal document. It will help your family fulfil your wishes and make the legally required steps faster to get through.
This page contains explanations for commons words and terms uses on this website when discussing Wills and Estates.
Is it better to buy a property in my personal name or in the name of a trust?
There are pros and cons to putting a house in your personal name versus in a Trust. This article discusses the differences between these options.
6 things to know about South African Companies
In this article, we discuss 6 useful things to know about South African Companies; this article is part 1 of 2.
What documents are needed when travelling with minor children?
When you travel with minor children, you are required to have certain documentation with you. This article sets out the documents you need.
What is an Ante-nuptial contract and do I need one?
An ante-nuptial contract (or ANC) is one of the most important documents you will even sign. This article explains why you must have an ANC.
Legal Process Organogram
If you want to know the steps involved in litigation or the legal process this page will help. We have prepared some diagrams you will find useful.