Pretorius Attorneys

07/12/2023

Don’t have a Last Will?

In the absence of a Will, or worse yet, a valid Will, a person’s estate will devolve according to the laws of intestate succession as governed by the Intestate Succession Act 81 of 1987. Not having a will might further lead to –
• assets not being left to the deceased’s person of choice;
• more time lost for an executor to be appointed (in addition to having a will where you may choose someone yourself);
• extra and unnecessary costs are involved;
• inheritance due to a minor which must be deposited into the Guardian’s Fund, a government-run fund that safeguards their inheritance until they reach the age of majority, currently set at 18; and
• Conflicts that may arise between family members, as no clear instructions have been made regarding the division of an estate.

Your will is therefore one of the most, if not the most important document you will ever sign. A valid will has to comply with certain formalities as set out in the wills act, which are briefly summarized (with some tips) as follow:
• The Will must be in writing (typed or in your own handwriting);
• The Will must be signed at the end by the testator (the person making the will, who is competent and at least 16 years old) and if the will has more than one page the testator and witnesses must sign each and every page;
• Signature of the testator must be made in the presence of two or more competent, and independent witnesses (at least 14 years old) and the witnesses must attest and sign the Will in the presence of the testator and each other. Ensure your witnesses are independent. Your witnesses cannot be your nominated executor, beneficiaries or their spouses (A beneficiary who signs a Will as a witness will be disqualified from inheriting any benefit and therefore should not witness the Will).
• Where a testator marks with a mark or where the testator instructs another person to sign on his or her behalf a commissioner of oaths must be present and certify to the identity of the testator and that the document signed is the will of the testator;
• Make sure to date your will, as the most recent will should revoke previous wills (if you had previous wills).

The Master of the High Court only accepts original wills. So as far as possible, sign your will in duplicate so you have a spare original and safeguard the original.

Feel free to contact our offices to arrange a consultation and we will gladly assist you in ensuring that your Will is drafted in accordance with the Act.

19/09/2023

09/08/2022

Can A Polygraph Test Be Used As Evidence In A Disciplinary Hearing?

Yes, however, the results of a polygraph test alone are not enough to prove an employee's misconduct/guilt, as the accuracy of the test has been questioned over the years.

Polygraph tests are considered circumstantial evidence, i.e. they can only draw inferences about a series of events. An initiator should only use this type of evidence with supporting evidence.

An Employee must give their written consent to undergo a polygraph test as the test may infringe on two constitutional rights, which are Section 14 - "right to privacy" and Section 15 - "the right not to incriminate oneself". An Employer cannot force an employee to take a polygraph test unless this is contractually agreed upon.

When choosing a Polygraph examiner, ensure that they are associated with either the South African Professional Polygraph Association (SAPPA) or the Polygraph Association of South Africa.

The Polygraph examiner should testify at the disciplinary hearing as they will serve as an expert witness and have to establish several aspects for the chairperson to determine the admissibility and reliability of the evidence.

To find out how SEESA can help your business visit our website at:
https://bit.ly/3zYopMV

01/08/2022

A new Supreme Court of Appeal (SCA) ruling has changed the way in which children over the age of 18 are considered in maintenance claims during divorce proceedings in South Africa.

http://www.saflii.org/za/cases/ZASCA/2022/113.html

https://www.groundup.org.za/article/a-parent-can-claim-maintenance-for-adult-dependent-children-on-divorce-court-rules/

Z                                                                                                                    APPELLANT

29/01/2022

Slowly but surely - we have given our new premises @ 32 Smith Street, Aliwal North a facelift - almost done - Thank you Envor and your team (Edoms Building Consultants)