Month: September 2022

Criminal Offence with a Deceased Estate

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DID YOU KNOW YOU COULD GET ARRESTED FOR NOT REGISTERING A DECEASED PERSON’S ESTATE?

Section 5 of the Administration of Estates Act [Chapter 6:01] (hereinafter referred to as “the Act”) states that failure to register a deceased estate within 14 (fourteen) days warrants a criminal offence! The Act provides that:

            5          Death notices to Master, Assistant Master or magistrate

“ (1)  Whenever any person dies leaving any property in possession, reversion or expectancy or leaving a will, the nearest relative or connection of the deceased who is at or near the place of death, or in default of any such near relative or connection, the person who at or immediately after the death has the chief charge of the house in or of the place on which the death occurs shall, within fourteen days thereafter, cause a notice of death to be framed in the form A in the Second Schedule, …….”

The Act further goes on to state that any person that “without just cause, fails to comply with subsection 1 shall be  guilty of an offence and liable to a fine…..or to imprisonment for a period not exceeding one month…..”.

Do not let yourself be caught on the bad side of the law, and don’t let yourself be a candidate for imprisonment! Talk to our team of lawyers who are also Estate Administrators to assist you with all things pertaining to the estate of your deceased loved ones. Get in touch today.

his is for general information purposes only.

 

Replacement of Marriage Certificate

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DID YOU KNOW THAT A LOST MARRIAGE CERTIFICATE CAN BE REPLACED?

If you have lost yours, do not despair! 

A marriage certificate can be replaced by approaching the Registrar of Marriages office with the following information and documentation:

  1. Full names of the husband and wife – as they appear on identity documents
  2. Place the marriage was solemnised
  3. National Identity Document or Valid Passport (No drivers licence)
  4. Date of marriage, including the year
  5. Letter of authorization in the event that the parties to the marriage have instructed a third party to go through the process on their behalf.
  6. Payment of the prescribed statutory fee.

Whereupon the documentation has been furnished and the information meets the requirements, then one may be furnished with the replacement marriage certificate. The replacement will now be, for all intents and purposes the only marriage certificate valid between the parties.

Should this be a service you require, please get in touch with our team of legal practitioners to assist you with same.

This article is for information purposes only – seek the advice of an attorney.

 

BREACH OF CONTRACT

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A contract put simply is a legally enforceable agreement between parties. A contract can be either written or verbal. it is always advisable to enter into a written contract so as to make their life easier in the unfortunate event of breach or dispute. A written contract clearly sets out the roles and obligations of the parties and its existence is easy to prove.

There are some formalities that have to be complied with to ensure that a contract is valid, including;

  • A valid offer by one party and acceptance by the other party;
  • There must be meeting a of the minds (consensus ad idem);
  • The contract must be clear (in terms of obligations amongst other factors, parties must not be left to deduce what is being communicated in terms of the agreement;
  • Must comply with the provisions of the law;
  • Performance must be possible;
  • Parties must intend to be bound in terms of the agreement;

At times a contract is not performed according to the expectations set out, and breach occurs. When this happens there are options of recourse available to the aggrieved party. Remedies available can either have the contract fulfilled or cancelled resulting in parties returning to the status quo ante (the position they were in prior to the contract).

SPECIFIC PERFORMANCE

This is the process whereby the breaching party is called upon to perform their obligations in terms of the contract as had been agreed to in terms of the agreement by the aggrieved party.

CANCELLATION

Parties may choose to cancel the contract and opt to have each of them restored to the position that they were in prior to the contract (status quo ante). Cancellation results in the restoration of any performance that was done by either party and does away with or extinguishes any present or future obligations in terms of the contract.

INTERDICT

The aggrieved party can make an application in the courts for a mandatory interdict that then compels the other party to perform their obligations in terms of the contract or a prohibitory interdict that prohibits a party from disposing of or doing certain acts until the matter has been resolved.

DAMAGES

These can be claimed by the aggrieved party so that they are placed in the position that they would have been in had the contact been concluded. Damages are financial in nature. damages can be claimed over with any of the other remedies.

Has a party you entered into a contract with breached the terms of your agreement. Do you want to conduct business and want to reduce the agreement into writing? If the answer is yes, then contact our team of attorneys that will assist you.

This article is for general information purposes only – seek the advice of an attorney.