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Litigation Articles

Analyzing the Justification in a Recent Contractual Dispute Case

Explore the intricacies of a recent high-profile contractual dispute case where specific performance and the enforceability of contracts under the National Credit Act were key issues. This blog delves into the judicial decisions, legal implications, and critical lessons for practitioners and investors.

Can A Permanent Life Partner Claim From the Estate of a Deceased Married Individual?

Explore the South Gauteng High Court’s decision in Gasa v Master of the High Court, examining the inheritance rights of permanent life partners in contrast with legally married spouses under South African law.

Can a Court Recognize an Oral Dying Wish for Asset Distribution? Insights from Mthimunye v Kabini and Another

Discover the implications of the North Gauteng High Court’s decision in Mthimunye v Kabini and Another on oral dying wishes and the potential evolution of common law to honour the sanctity of last wishes in estate distribution.

Unwitnessed Wills and the Tug-of-War for Inheritance: A Legal Insight

Discover the intricacies of Mohanoe and Others v Master of the High Court [2024], a landmark case on the validity of unsigned Wills and the role of an executrix, highlighting the importance of proper Will execution and impartial estate administration in Johannesburg’s High Court.

Unjust Enrichment and Psychic Extortion: A Case Overview

Dive into the Aheer and Another v Govender case, a captivating legal examination of unjust enrichment tied to alleged psychic abilities, extortion, and the misuse of paranormal claims for financial gain. Discover how the ZAKZPHC ruled on this unique intersection of law and psychic predictions.

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Is A Quotation Worth The Paper It Is Written On?

Is A Quotation Worth The Paper It Is Written On?

Shelly is a second-year cinematography student at a well-known tertiary education institution. At the end of her first year, she requested from the finance department a quotation for her second year of studies. This was presented to her on a document named a tax invoice. The quotation was accepted in that Shelly duly enrolled for her second year by making payment of the deposit requested. In April of her second year, Shelly requested an updated statement from the finance department of the college and was presented with a further “tax invoice”. On this second tax invoice however, Shelly noticed that the amounts previously indicated as the price per module, had suddenly increased! She naturally was very upset about this as she is working part time to pay for her studies and thus requested legal advice in this regard. Does Shelly have any recourse?

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Death Benefits If The Beneficiary Is Predeceased

Death Benefits If The Beneficiary Is Predeceased

Do I have a right to death benefits I was nominated for, and when does it vest?

Lara has approached us with a predicament she finds herself in. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefit was Ben’s father. This matter is complicated because Ben’s father had died some two years before Ben had died. The estate of Ben’s father was at the time of Ben’s death, not wrapped up and now the executor for the estate of Ben’s father, has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her as she was his wife. Does the fact that, she was for the most part financially dependent on Ben and was his wife, not mean that his assets should automatically be hers?

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Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

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