Mc Naught & Company Attorneys

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Attorneys, Notaries, and Conveyancers for All Your South African Legal Needs – Offering expert
legal solutions
tailored to you and building confidence through trust.

Family-owned businesses contribute significantly to South Africa's economy, yet many have no formal succession plan in p...
04/09/2026

Family-owned businesses contribute significantly to South Africa's economy, yet many have no formal succession plan in place.

Research consistently shows that while many family businesses successfully transition to a second generation, far fewer survive into the third.

The reason is often not a lack of opportunity. It's a lack of planning.

Shareholder agreements, partnership agreements, succession structures, trusts, and estate planning all play an important role in ensuring that businesses continue to thrive beyond their founders.

Protecting a business isn't only about protecting revenue. It's about protecting livelihoods, relationships, and years of hard work.

Bring Mc Naught & Co alongside your family as you build.

As Notaries Public (special additional qualification an attorney can study for and qualify) we are qualified to advise o...
03/09/2026

As Notaries Public (special additional qualification an attorney can study for and qualify) we are qualified to advise on and sign Antenuptial Contracts (ANC) with couples before they get married.

While most people seem to know that not registering an ANC means that you will be married in community and will share everything, many do not know that that also means sharing debts. This is particularly important if one or both of you are in business, either a sole proprietorship or with a company or close corporation.

Most businesses interact with a bank or other financial institution and often buy cars, sign cellphone contracts and deal with supplier and customer contracts and landlords for leased premises.

Often a personal guarantee or suretyship will need to be given to secure a payment, or lease rental.

For someone married in community of property, this means that the husband or wife is equally liable to pay the debt if the business does not, even to the extent of your joint home having to be sold or auctioned to pay the debt.

The lesson is simple - make sure you understand the risk involved in a marriage in community of property as well as all risks involved for both you and your spouse when signing a personal guarantee or suretyship.

- Article by Dave Mc Naught

Read more on our website :

https://maclaw.co.za/news/personal-suretyship-risks/

Legal expertise is crucial when choosing your legal team. But so is their understanding of people.At Mc Naught & Co, eve...
02/09/2026

Legal expertise is crucial when choosing your legal team. But so is their understanding of people.

At Mc Naught & Co, every consultation begins with listening. We take the time to understand not only the legal matter at hand, but also the people behind it – their goals, concerns, priorities, and circumstances.

It's an approach that allows us to provide advice that is practical, tailored, and rooted in real understanding.

Throughout September, we'll be introducing some of the people behind our practice and sharing the experience, passion, and specialist knowledge they bring to our clients every day.

That’s because relationships have always been at the heart of what we do.

When people hear the word legacy, they often think about what happens at the end of life. But as lawyers practicing with...
31/08/2026

When people hear the word legacy, they often think about what happens at the end of life. But as lawyers practicing with heart, we see it differently.

Legacy is being built every day.

It's found in the business you are growing, the family you are supporting, the property you are investing in, and the values you choose to pass on.

As legal advisors, we have the privilege of helping clients make decisions that extend far beyond the present moment.

This Heritage Month, we're exploring how thoughtful planning today can create confidence for generations to come.

The strongest legacies aren’t left to chance.

A legacy isn't measured by what you accumulate.It's measured by what you protect.Whether through a will, estate plan, fa...
28/08/2026

A legacy isn't measured by what you accumulate.

It's measured by what you protect.

Whether through a will, estate plan, family trust, or business succession strategy, thoughtful planning gives those you love one less burden to carry.

The greatest gift you can leave behind isn't uncertainty.

It's clarity.

'I was suspended from University after a claim that the material I submitted was AI generated and not researched by me,'...
28/08/2026

'I was suspended from University after a claim that the material I submitted was AI generated and not researched by me,' said a client.

Pitfalls to avoid using Artificial Intelligence and legal consequences ...

Many educational institutions and even employment agencies and corporations are using AI checkers to sort through submitted content to determine what is original material and what comes from AI generated sources.

Where does this leave you if you get rejected, ignored or, worse still, legally challenged, suspended, expelled or fired?

*Research*

Particularly for a research based thesis submitted when you need to prove innocence of plagiarism or "cut and paste" straight copying, you should do the following:
1. Ask for evidence of wrong-doing : what exactly triggered the accusation, what AI detector was used and what score did the document receive? These can be legally challenged.
2. Don't panic and send off an immediate response or apology until the answers have been received and assessed. Demand the answers.
3. When originating documents on Word or Google docs turn on version history, so that the keystrokes are recorded and can help prove your innocence. It shows every input and edit.

*Court cases*

For other projects, CVs or strategy help, AI can be very useful providing background or a structure, but remember AI can also be wrong and it can't be relied on for expert help. There have been court cases where the attorney cited cases in support of his argument only for the judge to point out that the cited cases don't exist or relate to a completely different topic. Make sure all sources and facts are checked for accuracy before relying on them. I have tested this myself and then fed the correct answer back into AI to get a response, and it actually apologies and then tries to cover itself/himself!!!

*Job applications*

For job applications, companies use AI to sift and reject applications, and you may have no idea that you've actually been eliminated before anyone has even looked at your application. Make sure you write CVs and applications in your own words and if using AI, use it as a guide only and not something you merely cut and paste. Make sure the application truly reflects who you are. Be authentic.

*Employer caution*

For employers, the dangers of using AI to filter out content is that AI can also be wrong and you could be a victim yourself of AI deception, losing the personal aspect of finding the right person for your job and losing a bit of humanity and authenticity along the way. Do you want your business to be AI generated and run?

*AI failures*

AI failures happen in business when systems make costly mistakes, go rogue, or fail to deliver a return on investment due to poor data and lack of oversight. Be wary and avoid this in your business - particularly the need for oversight.

AI is here into the future, but be wary, vigilant and manage and contain failures, or risk complete failure yourself.

- by Dave Mc Naught

Contact us on :
0870210123
[email protected]
maclaw.co.za

They move faster.They negotiate stronger.They grow with greater certainty.Legal confidence isn't a luxury. It's a strate...
26/08/2026

They move faster.

They negotiate stronger.

They grow with greater certainty.

Legal confidence isn't a luxury. It's a strategic advantage.

Power up your performance with a legal review of your business before we head into the end of the year. There’s no better time for a legal spring cleaning.

Many people seek legal advice only when something has gone wrong.But some of the most valuable legal work happens before...
24/08/2026

Many people seek legal advice only when something has gone wrong.
But some of the most valuable legal work happens before problems ever arise.

Prevention often costs less than correction.

Planning often costs less than litigation.

Preparation often costs less than crisis.

McNaught & Co are experts in civil litigation and dispute resolution. Which is why we know the best strategies to ensure contracts are watertight from the get go.

The most valuable assets families leave behind aren't always financial. They are certainty, stability, and protection.Th...
21/08/2026

The most valuable assets families leave behind aren't always financial. They are certainty, stability, and protection.

Through wills, trusts, estate planning, and guardianship provisions, families can ensure future generations are supported long after today's decisions are made.

Future-proof your family with a solid estate plan.

20/08/2026

Mc Naught and Company Inc Proudly Sponsors the Bluff Marathon! Distances for all with the very popular 10km, 21km and full 42km Marathon!

Lace up, challenge yourself, and be part of one of KZN's great running events - the Bluff Marathon.

As title sponsor, Mc Naught and Company Inc is proud to support this iconic event and the incredible community spirit it brings together. Whether you're a seasoned runner chasing a personal best or simply keen to take on a new challenge, this is your chance to get involved.

Why enter?
• Experience the atmosphere of a classic event
• Set yourself a new goal and train toward it
• Enjoy a fantastic day out with runners, walkers, supporters, and volunteers
• Be part of something the whole community can celebrate

Entries are open now - don't miss your spot:
https://www.eventtiming.info/entryonline.php?id=1488

We look forward to seeing you on the start line for the Bluff Marathon!

Address

555 Bluff Road
Brighton Beach
4052

Opening Hours

Monday 08:00 - 16:30
Tuesday 08:00 - 16:30
Wednesday 08:00 - 16:30
Thursday 08:00 - 16:30
Friday 08:00 - 16:30

Telephone

+27870210123

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