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Attorneys West & Rossouw

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Attorneys West & Rossouw

With over a 100 years of combined experience in practise, our commitment to our clients embraces ski

29/07/2026

Dementia in the Family? Here Are Your Legal Options
Read more: https://attorneyswr.co.za/dementia-in-the-family-here-are-your-legal-options/

A dementia diagnosis affects far more than memory. As mental capacity declines, families are often confronted with difficult legal and financial decisions. Many are surprised to learn that a Power of Attorney may no longer be valid.

Understanding the alternatives can help protect a loved one's affairs before a crisis develops. Read on for the low down.

21/07/2026

Your Dormant Trust Is Not Invisible to SARS
Read more: https://attorneyswr.co.za/your-dormant-trust-is-not-invisible-to-sars/

Trusts remain a valuable estate planning and asset protection tool, but they also carry ongoing compliance obligations. Many trustees assume that a dormant trust with no income, assets, or activity can simply be left alone.

SARS has made it clear that inactivity does not remove a trust's compliance obligations. With penalties now being imposed for outstanding trust returns, dormant trusts may be attracting more attention than their trustees realise.

15/07/2026

How to Protect Your Company from Unlawful Springboarding
Read more: https://attorneyswr.co.za/how-to-protect-your-company-from-unlawful-springboarding/

Your top employee resigns and immediately opens up a new business in direct opposition to you. Using your software, your client relationships and your business methods to springboard their new start-up and poach your clients.

We discuss, in the context of a recent High Court case, how our law can help you put a stop to that sort of unfair competition. And we share some tips on how to protect yourself from it in the future.

06/07/2026

One Bad Letter and Your Eviction Falls Apart
Read more: https://attorneyswr.co.za/one-bad-letter-and-your-eviction-falls-apart/

A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction.

A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.

29/06/2026

Married Out of Community of Property? You May Still Be Entitled to a Share
Read more: https://attorneyswr.co.za/married-out-of-community-of-property-you-may-still-be-entitled-to-a-share/

Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours.

Not so fast. The Constitutional Court recently expanded access to redistribution orders for spouses married out of community of property without accrual, particularly where strict enforcement of an antenuptial contract would produce unfair financial consequences at divorce. A 2025 KwaZulu-Natal High Court judgment shows what the redistribution remedy can deliver in practice.

21/06/2026

Happy Father's Day

A father’s love is steady, strong, and deeply felt. Happy Father’s Day to every incredible dad out there.

18/06/2026

Your Property Purchase Collapses: Can You Get Your Deposit Back?
Read more: https://attorneyswr.co.za/your-property-purchase-collapses-can-you-get-your-deposit-back/

Most buyers treat a deposit as a show of good faith. The law treats it very differently. When a sale collapses because of a buyer's breach, that deposit may be lost entirely.

The Conventional Penalties Act offers limited relief, but the threshold for court intervention is high. A recent case, in which the buyer lost the full R1.725 million deposit, illustrates just how high that threshold can be.

09/06/2026

Dodgy Deck: When a Property Defect is Your Problem, Not the Seller's
Read more: https://attorneyswr.co.za/dodgy-deck-when-a-property-defect-is-your-problem-not-the-sellers/

A deck collapsed seven months after transfer. The buyers, convinced they’d been sold a raw prawn, headed to the courts.

Eight claims and twelve years later, they haven’t recouped a cent. A 2026 Western Cape High Court judgment draws a sharp line between what the law protects buyers against and what it does not.

01/06/2026

Reckless Lending: You Could Lose Everything
Read more: https://attorneyswr.co.za/reckless-lending-you-could-lose-everything/

“One of the greatest disservices you can do a man is to lend him money that he can’t pay back.” (Jesse H. Jones, entrepreneur)

A recent High Court decision provides yet another cautionary tale for lenders. The stakes are high: get this wrong, and you could lose everything.

27/05/2026

She Fell Out of a Safari Vehicle: When Disclaimers Fail
Read more: https://attorneyswr.co.za/she-fell-out-of-a-safari-vehicle-when-disclaimers-fail/

“The big print giveth and the fine print taketh away.” (Tom Waits)

You have almost certainly signed a disclaimer at some point. A waiver before a trail run, an indemnity form before a bungee jump, a clause buried in a brochure. Businesses rely on these documents to limit their exposure when things go wrong. A 2026 Supreme Court of Appeal judgment is a sharp reminder that a disclaimer is only as good as the process behind it, and that courts will not lightly allow a company to escape liability on the strength of fine print that was never properly agreed to.

Address

33 Longboat Road Sunnydale Noordhoek
Cape Town
7975

Opening Hours

Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 17:00

Website

http://www.attorneyswr.co.za/

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