E. Jorge Attorneys & Conveyancers

04/09/2026

Why should a professional draft your Will?
Book your appointment today

03/09/2026

We taking part in Wills week - Limited appointments available ensure to schedule your appointment

02/09/2026

14 - 18 September 2026 is National Wills week. Have your FREE basic Will drafted professionally. Book you appointment with our office

18/08/2026

https://www.facebook.com/share/p/1AwSXZfisJ/?mibextid=wwXIfr

An elderly and illiterate mother has been confirmed as a dependant entitled to a share of her late son's R5.26 million death benefit after the Financial Services Tribunal found that the Pension Funds Adjudicator had wrongly rejected her claim.
Read on https://tinyurl.com/4pvwz27v

22/07/2026

Spousal refusal to sell jointly owned fixed property.

When a marriage in community of property collapses, financial strain often follows , especially when the family home faces foreclosure. In case of J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543, the court grappled with a critical, high-stakes question: can one spouse force the sale of a joint property to prevent a catastrophic forced auction when the other obstinately refuses to consent? The case arose after a couple defaulted on their home loan, leading ABSA Bank to obtain a judgment declaring their Strand property executable. Facing an impending sale in ex*****on that would yield a mere R500,000 against a debt exceeding R740,000 leaving the joint estate saddled with massive residual debt the husband secured a lucrative private offer of R980,000 (and later R990,000). Despite the clear financial advantage, the wife repeatedly refused to sign the private sale agreement, claiming she wanted to preserve the home for herself and their minor daughter and intended to reinstate the mortgage.

The judgment provides vital doctrinal clarity on the legal mechanisms governing marital property. Crucially, the High Court firmly corrected the husband’s initial reliance on the actio communi dividundo the traditional common law remedy used to terminate ordinary co-ownership. Citing the Supreme Court of Appeal’s authority in the MEPF case, the Court highlighted the distinction between "free co-ownership" and "bound co-ownership." Spouses married in community of property do not own separable, individual shares in property; instead, they hold an indivisible joint estate governed strictly by matrimonial law. Therefore, remedies designed to dissolve standard co-ownership do not apply. The proper legal avenue when one spouse unreasonably withhold consent is strictly statutory, found within Section 16(1) of the Matrimonial Property Act 88 of 1984.

Applying Section 16(1) of the Matrimonial Property Act, the Court ruled the wife’s refusal unreasonable. Her claims of negotiating a payment plan lacked documentary proof. Crucially, Section 129(4)(b) of the National Credit Act bars reinstating a credit agreement after an ex*****on order is granted. Even if possible, Section 15(2)(f) required her husband’s written consent to enter into credit terms which he refused. Her plan was legally impossible, leaving her refusal without foundation.

The Court ruled that protecting the joint estate from ruin far outweighed the wife’s unviable desire to keep the house. A private sale settled the debt, eliminated legal costs, and created a surplus, whereas an auction meant bankruptcy. J.G.S v S.E.S provides a clear roadmap to avoid common-law co-ownership arguments, present solid documentary proof, and leverage credit law limits to stop one spouse from vetoing a necessary sale.

21/07/2026

Small claims court jurisdiction wil increase as from 01 August 2026

11/06/2026

A BABY IS NOT GARBAGE. YOU HAVE A CHOICE.

The heartbreaking discovery of abandoned babies continues to devastate our communities. Many of these situations arise because mothers are scared, unsupported, or believe they have no other option.

But there is always another choice.

If you cannot care for your baby, do not abandon or dispose of the child. Instead, take the baby to a place where help is available, such as:

* 👮 A Police Station
* 🏥 A Hospital or Clinic
* 🚒 A Fire Station

The most important thing is to place the baby in the hands of people who can provide care and protection.

⚖️ Know the Law

Abandoning or disposing of a baby is not only dangerous—it may also have serious criminal consequences.

A person who abandons a child may face criminal prosecution, including possible charges relating to child neglect or child abandonment. If the baby dies as a result of being abandoned, the responsible person may face very serious charges, including murder or culpable homicide, depending on the circumstances.

One decision can save a life.

If you or someone you know is pregnant, frightened, or feels unable to care for a baby, please ask for help before it is too late. There are people who will assist you without judgment.

E Jorge Attorneys is available to provide confidential legal guidance and assistance.

📞 063 148 9077
📍 19 Voortrek Street, Swellendam
✉️ [email protected]

*Share this post. It could save a baby’s life.

11/06/2026

A BABY IS NOT GARBAGE. YOU HAVE A CHOICE.

The heartbreaking discovery of abandoned babies continues to devastate our communities. Many of these situations arise because mothers are scared, unsupported, or believe they have no other option.

But there is always another choice.

If you cannot care for your baby, do not abandon or dispose of the child. Instead, take the baby to a place where help is available, such as:

* 👮 A Police Station
* 🏥 A Hospital or Clinic
* 🚒 A Fire Station

The most important thing is to place the baby in the hands of people who can provide care and protection.

⚖️ Know the Law

Abandoning or disposing of a baby is not only dangerous—it may also have serious criminal consequences.

A person who abandons a child may face criminal prosecution, including possible charges relating to child neglect or child abandonment. If the baby dies as a result of being abandoned, the responsible person may face very serious charges, including murder or manslaughter , depending on the circumstances.

One decision can save a life.

If you or someone you know is pregnant, frightened, or feels unable to care for a baby, please ask for help before it is too late. There are people who will assist you without judgment.

E Jorge Attorneys is available to provide confidential legal guidance and assistance.

📞 063 148 9077
📍 19 Voortrek Street, Swellendam
✉️ [email protected]

12/02/2026

Who Is Entitled to Maintenance?

Children

Both parents have a legal duty to support their children, in proportion to their financial means.
This duty does not automatically end at 18 and continues until the child becomes self-supporting.

Spouses
During marriage, spouses owe each other financial support.
After divorce, a court may order rehabilitative maintenance to help a spouse become financially independent.

Parents & Grandparents
In certain circumstances, the duty of support can extend:
• From grandparents to grandchildren
• From adult children to parents in need

💼 What Does Maintenance Cover?
Maintenance is not just “grocery money.” It can include:
✔️ Housing & utilities
✔️ Food & clothing
✔️ Medical & dental expenses
✔️ Education & training

📌 How Is It Calculated?
The golden rule:
Maintenance is determined by balancing the needs of the person claiming it and the financial means of the person who must pay it.
Every situation is unique — and proper legal guidance can make a significant difference.

If you need assistance with:
• Applying for maintenance
• Opposing an unfair claim
• Varying an existing order
• Divorce-related maintenance disputes

Our firm is here to help.

📞 Contact us for professional advice and representation.
Because maintenance isn’t about punishment — it’s about protection and fairness.

10/02/2026

Before you say ‘I do’, it’s important to understand the legal consequences of your marriage.💍⚖️

One option many couples hear about, but don’t always fully understand, is the Accrual system.

What is “Accrual”?

Accrual refers to the growth in value of each spouse’s estate during the marriage.

👉 It measures how much each spouse’s estate grows from the wedding day to the end of the marriage.

Why does the Accrual system exist?
The goal is fairness.
It ensures that both spouses share equally in the wealth they build together during the marriage, while still protecting what each person brought into the marriage.

How is Accrual calculated?
When the marriage ends:
• Each spouse’s estate growth is calculated
• The spouse with the smaller growth has a claim against the other spouse
• That claim is half the difference between the two accrual amounts

What is excluded from Accrual?
Certain assets are not included in the calculation, including:
• Assets specifically excluded in your Antenuptial Contract (ANC)
• Inheritances, donations, or legacies received from third parties during the marriage
• Compensation for non-patrimonial loss, such as pain and suffering

These exclusions protect personal and pre-marital assets 🛡️
⚠️ A common (and costly) mistake
The value of each spouse’s estate at the start of the marriage must be declared in the ANC
If it’s not declared, the law assumes it was zero — which can have serious financial consequences later on.

📌 Understanding accrual before you say “I do” can save a lot of confusion—and conflict—down the line.