WHAT SEPARATES INTER-VIVOS TRUSTS WITH TESTAMENTARY TRUSTS?

A trust is the ideal long-term structure with which to protect assets from generation to generation while it effects a saving in terms of estate duty. Estate duty is the levy payable on all your assets upon your death. An inter-vivos trust An inter-vivos trust is also known as a living or family trust as […]

DISPUTES WITH BODY CORPORATE: HOMEOWNERS’ REMEDIES

Our office recently dealt with a matter where the trustees of the body corporate of a certain sectional title scheme clamped the wheel of the car of one of its homeowners because he did not park on his allocated parking bay. Even though the homeowner did not park on his allocated parking bay, he could […]

INFORMAL “DECISIONS” BY HOMEOWNERS’ ASSOCIATIONS

Many homeowners’ associations have strict requirements concerning the aesthetic appearance of buildings on the estate. These include fences and other smaller additions that are not always considered by the homeowner to be building projects in terms of the rules, the Memorandum of Association (MOA) or the Memorandum of Incorporation (MOI). The owners then fail to […]