PsyLex Legal Advisors

10/08/2025

📜 When is a Will Valid – and When Can the Court Step In?

As life changes, so do our wishes. Fortunately, the law allows you to update your will at any time, provided you follow the legal requirements. But what happens if a will does not meet these requirements?

In certain cases, the court can step in and validate a will that does not comply with the formalities. This is done through an application in terms of section 2(3) of the Wills Act 7 of 1953.

A recent example is the case of Mokgoro and Others v Master of the High Court, Kimberley and Others (1 August 2025). The late Justice Yvonne Mokgoro had two wills – one from 2014 and another from 2021. The 2021 will was electronically signed by her and two witnesses and the signatures were not appended in each other’s presence. This was contrary to the prescripts of the Wills Act and the Electronic Communications and Transactions Act.

Her children applied to court to have the 2021 will recognised as valid. The court agreed, ruling that Justice Mokgoro’s true intention should take priority, and ordered that her 2021 will be accepted by the Master of the High Court as her final will and testament.

Key takeaway: While the law sets strict rules for wills, the court can sometimes overlook technical mistakes if the deceased’s intentions are clear. However, the safest way to avoid disputes is to ensure your will is drafted and executed correctly from the start.

📌 Tip: Have your will reviewed by a legal professional to ensure it is fully compliant and reflects your current wishes to ensure peace of mind for your loved ones after your passing.

For those interested in reading the judgment

This link will take you to a page that’s not on LinkedIn

14/07/2025

⚖️Legal peace of mind at your finger tips.

📲📞Contact us today!

14/07/2025

Don’t Overlook the Fine Print- It Could Save You From Financial Setbacks!

The attached screenshots capture a case summary that highlights the importance of thorough reading of all terms—no matter how fine—before signing any document. This is owing to the fact that courts, in line with the principle of Pacta Sunt Servanda (among other principles), which holds that contracts should be honoured, are generally reluctant to invalidate agreements unless doing so would be contrary to public policy.

In the present matter, the court upheld an Antenuptial Contract, relying on the principle of Caveat Subscriptor—meaning a person is bound by their signature, even if unaware of the contents—applied in the context of the Pacta Sunt Servanda rule.

For this reason, before signing any agreement—be it an employment contract, lease agreement, loan, agreement or any formal document—contact us. We’ll review it to safeguard your rights and ensure it does not work to your detriment.

For those interested in reading the case, please click on this link https://lnkd.in/dDHNuBK5

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Le-case ibonisa ukubaluleka kokufunda yonke imigomo – ngisho kwale encane – ngaphambi kokusayina noma yimuphi umbhalo. Izinkantolo zivame ukunqaba ukwenza izivumelwano zingasebenzi, ngenxa yesimiso esibizwa ngokuthi Pacta Sunt Servanda, okusho ukuthi izivumelwano kufanele zihlonishwe ngaphandle kokuthi ukuzenza kube ngokuphambene nenhlalakahle yomphakathi.

Kulokhu, inkantolo yamukela ukusetshenziswa kwesimiso Caveat Subscriptor – okusho ukuthi umuntu uboshwe yinto ayisayine, noma engazange azi kahle okuqukethwe – okwahlanganiswa nesimiso Pacta Sunt Servanda ekwenzeni i-Antenuptial Contract (inkontileka yangaphambi komshado) yatholakala isebenza.

Ngaphambi kokusayina noma yisiphi isivumelwano – kungaba yinkontileka yomsebenzi, yokuqasha, yemalimboleko, noma yimuphi umbhalo osemthethweni – xhumana nathi. Sizohlola umbhalo ukuze siqinisekise ukuthi awukubi kuwe noma uphambana namalungelo akho.

Le-case iyatholakala ku https://lnkd.in/dDHNuBK5

29/06/2025

Certain matters can be effectively and expeditiously resolved at little to no cost in the Small Claims Court.

🏛️ When Can You Approach the Small Claims Court?

You may bring a case to the Small Claims Court if:

✅ You are a natural person (individual) bringing a claim not exceeding R20 000 against another individual or a legal entity

📌 Note: Legal entities cannot institute claims at this court, but they can defend them.

✅ You have the debtor’s physical, business or work address
➡️ This is essential for serving documents and determining which Small Claim Court can adjudicate your claim.

✅ You have evidence to support your claim
📂 This may include receipts, contracts, written communication, or other documentation.

⚠️ Please Note:

🚫 No legal representation is allowed in the Small Claims Court.
However, PsyLex Legal Advisors can guide you through the process and prepare you for the hearing!

Need help preparing your claim?
📞 Contact PsyLex Legal Advisors today for a consultation.

10/06/2025

In South Africa, the dismissal of an employee must meet two key requirements: it must be both substantively and procedurally fair. This is guided by the Labour Relations Act 66 of 1995 (the Act), as well as the accompanying Code of Good Practice (COGP).

If a dismissal lacks either substantive or procedural fairness, it may be deemed unfair, potentially resulting in the employee being reinstated and/or awarded compensation. This was demonstrated in the unopposed review application of Legend Logistics v SATAWU obo T.M and Others (JR831/24) [2025] ZALCJHB 85 (27 February 2025), where Acting Judge Mkwibiso upheld the National Bargaining Council’s (NBC) decision that the dismissal was substantively unfair, and accordingly dismissed the review application.

In that case, the employer dismissed the employee for dishonesty—a form of workplace misconduct. The alleged dishonesty involved the employee falsely claiming that a colleague had fathered her child; however, DNA results later disproved this. The employer argued that the accusation damaged trust between the employee and her colleague, making it a work-related issue. The employee, however, testified during the NBC proceedings that she genuinely believed her colleague was the father, and that the accusation was not made with malicious intent. The commissioner ultimately found the dismissal substantively unfair and ordered the employer to pay the employee R156,000, equivalent to eight months’ salary.

The key takeaway from this case is the importance of ensuring full compliance with the LRA and COGP before proceeding with any dismissal.

If you’re unsure about whether your processes meet these legal requirements, don’t hesitate to contact us.

31/05/2025

Did you know that, in most cases, debt expires after three years?

This is known as “prescription” and is subject to certain exceptions.

If, during that three-year period, you:

1. Do not make any payments,

2. Do not acknowledge owing the
debt, and

3. Do not receive a Summons,
then you are no longer legally
obligated to repay that debt.

However, this doesn’t prevent the creditor from attempting to collect the debt after the three years have passed. If you don’t formally raise prescription as a legal defence, the debt may still be enforced.

💡 Don’t risk losing money unnecessarily — contact us today to understand your rights and how we can assist.

31/05/2025

💼 Need to claim damages, recover a debt, or enforce an agreement?
We can help you take the right steps.

Whether you’re dealing with a minor car accident, unpaid invoices, or a breach of contract, a Letter of Demand is often the first step toward resolution in South Africa.

Below is an example of a Letter of Demand issued to demand payment of damages arising from a minor car accident. The matter was settled out of court, and the claimant received a settlement of R13,344.90.

📩 Get in touch with us today to see how we can assist you with your legal or debt recovery.

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💼 Udinga ukufaka isimangalo sokulimala, ukubuyisa imali ebolekiwe, noma ukuphoqelela isivumelwano?
Singakusiza ukuthi uthathe izinyathelo ezifanele.

Noma ngabe ubhekene nengozi encane yemoto, ama-invoyisi angakhokhwanga, noma ukuphulwa kwesivumelwano, iLetta Yesimangalo ivame ukuba yisinyathelo sokuqala sokuxazulula udaba e-South Africa.

Ngezansi kunesibonelo se-letta yesimangalo ethunyelwe ngemuva kwengozi encane yemoto. Lolu daba luxazululwe ngaphandle kwenkantolo, futhi ummangali wathola isinxephezelo esingu-R13,344.90.

📩 Xhumana nathi namuhla ukuze sibone ukuthi singakusiza kanjani ekutholeni ukululama kwezomthetho noma kwezezimali.

14/05/2025

We all want our loved ones protected when we’re gone — so why leave it to chance?

If you die without a Will, the law decides who inherits your assets.
With a Will, you decide.

Let PsyLex Legal Advisors help you secure your legacy with a will that reflects your true wishes.

Tomorrow isn’t promised. Contact us today to schedule a consultation— first-time clients receive a free 15-minute consultation.

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Sonke sifisa ukuthi abathandekayo bethu bavikeleke uma sesishonile — pho kungani sibeka ikusasa labo engcupheni?

Uma usishona ungenawo umthetho wamagugu (i-Will), umthetho uyona onquma ukuthi impahla yakho yabiwa kanjani.
Kodwa uma unawo, wena uyinquma.

Ake uPsyLex Legal Advisors ikusize ukuhlela ifa lakho nge-Will ehambisana nezifiso zakho zangempela.

Kusasa aluqinisekisiwe. Xhumana nathi namuhla — amakhasimende amasha athola ukubonisana kwamahhala imizuzu engu-15.

28/03/2025

***Marriage in South Africa***

A huge congratulations on finding a special partner that you want to tie the knot with. The wedding preparations are underway and/or lobola negotiations are on the cards? Proceeding any further without consulting an attorney might be a decision you will regret later on.

In South Africa there different types of marriages apart from civil marriage. What is,however, common is that the marriages automatically attract an In Community of Property marital regime unless there is an existing valid antenuptial contract between the parties.

Your marital regime regulates your financial decisions and dealings with assets (and debts). It thus essential to discuss the different types of marriages and their legal implications with an experienced attorney to avoid finding yourself in an unfavourable position.

We, at PsyLex Legal Advisors, are dedicated to providing the expert guidance with great empathy and professionalism.

Please contact us to schedule a consultation and let us guide you through life's complexities.

Email: [email protected]

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***Imishado eNingizimu Afrika***

Ukuhalalisela okukhulu ngokuthola umaqondana okhethekile ofuna ukubopha ifindo naye. Amalungiselelo omshado asaqalile noma izingxoxo zelobolo ziyahlelwa? Ukuqhubeka ngaphandle kokubonisana nommeli kungase kube yisinqumo ozozisola ngaso kamuva.

ENingizimu Afrika kunezinhlobo ezahlukene zemishado ngaphandle komshado wesilungu. Nokho, okujwayelekile ukuthi imishado iheha ngokuzenzakalelayo umbuso womshado we-In Community of Property ngaphandle uma kunesivumelwano esikhona sangaphambi kwesikhathi phakathi kwezithandani.

Umbuso wakho womshado ulawula izinqumo zakho zezezimali, ama-assets nezikweletu. Ngakho-ke kubalulekile ukuxoxa ngezinhlobo ezahlukene zemishado nemithelela yayo yezomthetho nommeli onolwazi ukuze ugweme ukuzithola usesimweni esingesihle.

Thina, kwa-PsyLex Legal Advisors, sizinikele ekunikezeni isiqondiso sobungcweti ngozwela olukhulu.

Sicela usithinte ukuze uhlele ukubonisana futhi usivumele sikuqondise ebunzimeni bempilo.

I-imeyili: [email protected]

Inkundla yezokuxhumana:
Silandele ezinkundleni zokuxhumana ukuze uhlale unolwazi ngezindaba zakamuva zomthetho, amathiphu, nezeluleko.

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