Leahy Attorneys

Leahy Attorneys Leahy Attorneys is a leading corporate and commercial law firm that provides a professional yet personal legal experience.

26/08/2026

Do you know what makes a will legally valid in South Africa?

A recent High Court judgment invalidated a will because the testator and the witnesses signed in different cities — 350 kilometres apart. Under the Wills Act, witnesses must be present when the testator signs. No exceptions.

The court went further, declaring the beneficiary unworthy to inherit after finding evidence of fraud, financial abuse, and attempts to mislead the court.

It's a compelling case — and an important lesson for anyone who has a will, or is planning one.

Read the full article via the link below:

The North West High Court’s judgment in Lombard v Van Der Merwe, handed down on 24 March 2026, is essential reading for anyone who has a will, is thinking about making one, or stands to inherit under someone else’s. It is a case about an elderly man, a disputed document, and the catastrophic con...

19/08/2026

Did you know that a voetstoots clause may not protect you as a seller the way you think it does?

Under the Consumer Protection Act, a general "sold as is" clause is no longer enough. Sellers must fully disclose specific defects — and get genuine consent from the buyer. Anything less risks being deemed unfair and unenforceable.

Find out exactly where the line is drawn on our blog:

The Consumer Protection Act 68 of 2008 (CPA) has significantly curtailed the use of voetstoots clauses in South African law. While these clauses are still recognised in certain contexts, the CPA strengthens consumer rights and places strict limits on when and how liability for defective goods can be...

29/07/2026

"I only use my TV for Netflix—do I still need a TV licence?"

With the SABC's funding model currently under review, many South Africans assume they no longer need to pay. However, until the law officially changes, the existing Broadcasting Act remains strictly in force.

Find out what the law requires and how to formally cancel a licence if you no longer own a TV.

Read more:

With 85% of South Africans currently non-compliant, and the SABC’s funding model under review, many consumers are asking the same question: Should you pay your TV licence?

22/07/2026

Can a voice note, email, or draft count as a valid will?

If you record your final wishes in a voice note or leave an unsigned draft on your computer, does it hold up under South African law?

While digital platforms are our daily reality, estate planning is still bound by strict traditional rules.

Read full article on our blog:

South Africa’s Wills Act 7 of 1953 remains unchanged in 2026. Voice recordings, emails, and unsigned drafts do not automatically qualify as valid wills, but courts retain a narrow discretion to use them in exceptional circumstances.

01/07/2026

Bought a defective product on credit? A massive new court victory protects consumers!

Imagine buying a vehicle on credit, only for it to suffer a major mechanical breakdown just days later. You can't use it, but the bank still demands your monthly loan repayments. Sounds like a nightmare, right?

A recent landmark judgment has changed the game for South African consumers facing this exact situation. In our latest newsletter update, we look at a case where a buyer bought a defective truck via an installment sale agreement and took the matter to court.

Don’t let defective goods trap you in debt.

Read more:

Buying goods on credit is part of everyday life for many South Africans, particularly when it comes to big-ticket items like vehicles. But what happens when those goods turn out to be defective? Can a bank or credit provider simply rely on the credit agreement and avoid responsibility?

24/06/2026

Navigating Your Property Rights Under the New Expropriation Framework

South Africa's Expropriation Act 13 of 2024 establishes a transparent roadmap designed to reinforce property rights through independent court oversight.

To prepare for when the Act officially commences, the article recommends proactive steps:

• Property Owners: Maintain detailed, updated records of all property valuations and physical improvements.
• Bondholders: Refine loan agreements to include clear notification clauses that align with the Act's new procedural standards.

Read full article on our blog:

If you own property in South Africa or hold a mortgage bond, the Expropriation Act 13 of 2024 is a piece of legislation you cannot afford to ignore. While the act has sparked intense debate, largely centred on the concept of “nil compensation”, it is important to look beyond the headlines. When ...

27/05/2026

How do you clear your name after a default judgment?

A default judgment can ruin your credit score and stays on record for 30 years. Fortunately, you can apply to the court for a rescission of judgment to reverse it and get a fair chance to state your case.

Here is what you need to know from this article:

• The Timeline: You generally have 20 days from discovering the judgment to file an application.
• The Reason: You must satisfy the court that your absence or lack of response wasn't intentional.
• The Defence: You must show that you have a real, valid defence against the original claim.

Don't let an unexpected judgment damage your financial standing.

Read full article on the blog:

Most people only become aware that a default judgment has been granted against them when the sheriff arrives with a warrant of ex*****on or when their credit applications are unexpectedly declined. A default judgment is usually issued when a defendant fails to enter an appearance to defend or does n...

20/05/2026

Can you sign your will electronically?

With everything else going digital, it seems like a will should be no different. But when it comes to South African law, the rules around electronic wills are not as straightforward as you might think.

While the law still heavily relies on traditional paper and ink signatures to prevent fraud, there are instances where courts have stepped in to condone digital documents. But relying on a court's discretion comes with major legal risks.

Don't leave your estate to chance or lengthy court battles.

Click to read link on blog:

We live in an age where agreements are concluded by email, documents are signed electronically, and important records are stored in the cloud. It is therefore not surprising that clients often ask: “Can I sign my will electronically?” or “Is the will saved on my laptop valid?”

28/04/2026

Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term stewardship.

One structure continues to feature prominently in this conversation: the living trust. When designed and managed properly, a trust can help families protect assets, maintain continuity, and ensure that wealth is used responsibly over time.

Read full article on our blog:

Passing wealth from one generation to the next is no longer a simple administrative exercise. Families today live longer, own more complex assets, and face evolving tax and legal environments. Against this backdrop, estate planning has shifted from short-term succession planning to long-term steward...

21/04/2026

The rise of self-driving technology is outpacing traditional legal frameworks. When an accident occurs without a human driver at the controls, determining fault requires a completely new perspective on product liability and negligence.

Explore the legal theories surrounding AI-driven harm.

Visit our blog

As autonomous vehicles (AVs) evolve from concept to real-world use, South Africa faces pressing legal questions: if an AI-driven vehicle causes harm, who bears liability? Under current South African law, liability for road accidents is largely governed by the Road Accident Fund Act 56 of 1996 (the R...

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