Attorneys Ismail Ayob and Partners

Attorneys Ismail Ayob and Partners Attorneys, Conveyancers, Notaries, Tax, Commercial; Law & Consultation Full Service Law Firm

14/11/2024

The South African Trust Property Control Act allows a Court to amend a Trust Deed if, in the Court's opinion, the Trust Deed as it stands results in a scenario which the Founder did not contemplate and which hampers the objective of the Trust or prejudices the interests of the beneficiaries or is against the public interest.

The above is information and not advice, please speak to an Attorney for a thorough analysis of your particular circumstances.

Ismail Ayob and Partners practice in the area of Trust Law and can assist. Call us at 011 727 5800 or email: [email protected]

14/10/2024

In the South African Supreme Court of Appeal case of Cradle City v Lindley Farm, the Court, during its judgement said "The Principle of Reciprocity (exceptio non adimpleti contractus) recognises the fact that, in many contracts, the intention of the parties, expressed or unexpressed, is that there should be an exchange of performance."

The above is information and not advice. Please speak to an Attorney for a thorough analysis of your particular circumstances.

Ismail Ayob and Partners practice in the area of Commercial Law and advice and can assist. Call 011 727 5800 or email: [email protected]

01/10/2024

In the South African Constitutional Court case of DB v CB, the Court referred to the Maintenace of Surviving Spouses Act.

According to the Court, in terms of this South African legislation:

"the survivor has a claim against the Estate of the deceased spouse, only if he or she is unable to provide for their maintenance needs from their own means and earnings; and lists the factors that must be taken into account in determining reasonable maintenance."

The above is information and not advice, please speak to an Attorney for a full analysis of your particular circumstances.

Ismail Ayob and Partners practice Matrimonial Law and can assist.
Call us at 011 727 5800 or email: [email protected]

09/09/2024

In the South African case of Edward Nathan Sonnenberg v Hawarden, the South African Appeal Court highlighted that negligent omissions "causing loss will only be regarded as wrongful and therefore actionable if public or legal policy considerations require that such omissions, if negligent, should attract legal liability for the resulting damages"

The above is information and not advice. Please speak to an Attorney for a full analysis of your particular circumstances. Ismail Ayob and Partners practice in the area of Commercial Litigation and can assist. Telephone: 011 727 5800 or email: [email protected]

02/09/2024

In the South African High Court case of Keyter v van der Meulen, the Court referred to the duties of an Executor to a deceased Estate as follows:

"The duty of an Executor who has been appointed to administer the Estate of a deceased person is to obtain possession of the assets of that person, including rights of action, to realize such of the assets as may be necessary for the payment of the debts of the deceased, taxes and the costs of winding up the Estate, to make those payments, and to distribute the assets and money that remain after the debts and expenses have been paid among the legatees under the Will or among the intestate heirs on an intestacy"

The above is information and not advice. Please speak to an Attorney for a full analysis of your particular circumstances.

Ismail Ayob and Partners practice in the area of Deceased Estates, Wills and Succession and can assist. Please contact us at 011 727 5800 or email: [email protected]

15/08/2024

During the course of its judgement in the 2024 case of Steyn v Steyn, the High Court of South Africa said, "Despite being a legal entity, a Trust does not posses legal personality and cannot sue or be sued in its own name. A Trust litigates through its Trustees."

The above is information and not advice. Please speak to an Attorney for a thorough analysis of your particular circumstances. Ismail Ayob and Partners practice Trust law and can assist. Telephone 011 727 5800 or email: [email protected]

29/07/2024

In the 2023 South African case of Cooper NNO v Curro Heights Properties, the Supreme Court of Appeal reaffirmed the position found in the South African Alienation of Land Act that no alienation of land shall be of any force and effect unless it is contained in a Deed of Alienation signed by the parties or their agents acting on their written authority.

The above is information and not advice. Please speak to an Attorney for a thorough analysis of your particular circumstances, including whether other legislation could assist.

Ismail Ayob and Partners practice in the fields of Contract Law and Conveyancing and can assist.

Call us at 011 727 5800 or email: [email protected]

19/06/2024

Interestingly, in the case of a joint Estate (governed by a marriage in community of property) the South African Matrimonial Property Act appears to distinguish between the:

(1) Alienation or pledging of jewellery, coins, stamps, paintings or any other assets, which forms part of the joint estate and are held mainly as investments

(2) The alienation and pledging or otherwise burdening of any furniture or other effects of the common household forming part of the joint estate

Point 1 requires the written consent of both spouses whereas point 2 requires the mere consent of both spouses (whether written or oral).

It is important to keep this in mind as the common household may (but not necessarily) actually consist of items in both points 1 and 2.

The above is information and not advice. Please consult an Attorney for a thorough analysis of your circumstances. Ismail Ayob and Partners have experience in matrimonial law and can assist.
Call us on 011 727 5800 or email: [email protected]

07/06/2024

It appears that in terms of the South African Trust Property Control Act, the Master of the High Court has the discretion to remove a Trustee of a Trust only in certain specified circumstances. A Court has a wider discretion.

The above is information and not advice. Please consult an Attorney for a full analysis of your particular circumstances.

Ismail Ayob and Partners practice in the field of Trust Law and can assist. Call us at 011 727 5800 or email us at: [email protected]

12/02/2024

The principle of "a verbis legis non est recedendum" (from the words of the statute, there must be no departure) applies in South African law when interpreting statutes.

In other words, when interpreting statutes, there must be no alteration to a statute's words.

The above is information and not advice. Please discuss the impact of any legislation with an Attorney.

Ismail Ayob and Partners have extensive experience in interpreting laws and can assist. Contact us at 011 727 5800 or 011 727 7000 or email us at [email protected].

30/01/2024

The South African Court case of van der Westhuizen v Akarana Homeowners Association dealt with the issue of offers to settle matters during the course of litigation.

In its judgement dealing with a letter containing such an offer, the Court said: "if it forms part of genuine settlement negotiations made without prejudice to the rights of the person making the offer, and without acknowledging any liability, it is privileged and may only be disclosed with the consent of both parties".

The above is information and not advice. Please consult an Attorney for a thorough analysis of your particular circumstances.

Ismail Ayob and Partners have expertise and experience in litigation and can assist. Call us at 011 727 5800 or email us at: [email protected]

22/01/2024

In the South African High Court case of Tshwane City v Blair Atholl, the Court said the words in an Agreement "must not be considered in isolation" and "that a restrictive consideration of words without regard to context has to be avoided".

The above is information and not advice. Please consult an Attorney for an analysis of your particular circumstances.

Ismail Ayob and Partners practice Commercial Law and have experience in Contract law. Our telephone number is 011 727 5800 and our email address is [email protected]

Address

41 Central Street, Houghton
Johannesburg
2198

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Wednesday 08:30 - 17:00
Thursday 08:30 - 17:00
Friday 08:30 - 17:00

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