Smith van der Watt Inc.

22/11/2024

https://www.citizen.co.za/krugersdorp-news/news-headlines/local-news/2024/11/20/gideon-se-liedjie-oor-tant-tillie-beloof-om-jou-te-laat-skaterlag/

Plaaslike musikant, Gideon Hunter, vertel die gemeenskap van sy splinternuwe liedjie, met 'n komiese toon.

22/11/2024

https://www.citizen.co.za/krugersdorp-news/news-headlines/local-news/2024/11/22/missing-woman-found-after-major-joint-rescue-mission/

Law enforcement and various private security companies worked together to rescue a young woman in Chancliff.

11/09/2023

National Wills Week: 11 - 15 September 2023

During this week, members of the public will be able to have a basic will drafted by our offices for free!

Why is a will important?

Having a will helps to ensure that your wishes are carried out after your death and can provide several benefits for you and your loved ones.

Here are some reasons why having a will is important:

Distribution of Assets: A will allows you to specify how you want your property, assets and possessions to be distributed among your beneficiaries. Without a will, your assets may be distributed according to the Intestate Succession Act, which might not align with your wishes.

Guardianship for Minor Children: If you have minor children, a will allows you to name a guardian to care for them in case of your death. This ensures that your children are looked after by someone you trust and who shares your values.

Minimise Family Conflicts: A well-drafted will with clear instructions may help reduce the potential for misunderstandings, disputes and conflicts among family members regarding asset distribution.

Appointing an Executor: In your will, you can name an executor of your choice, who is responsible for carrying out the instructions in your will and handling the administrative tasks of your estate.

Charitable Donations: If you wish to leave a portion of your estate to a charity or cause you care about, a will allows you to do so.

Business Succession: If you own a business, a will can outline your wishes for the future of the business, such as who will take over its management or ownership.

Estate Planning: A properly structured will may help minimise estate taxes and other potential financial burdens on your beneficiaries.

Personalisation: A will allows you to customise your estate plan based on your unique circumstances and the needs of your family. You can address specific concerns or provide for individuals who may not be legally recognised as heirs without a will.

Peace of Mind: Creating a will provides peace of mind, knowing that you have taken steps to ensure your loved ones are taken care of and your assets are distributed according to your wishes.

In summary, having a will gives you control over what happens to your assets, ensures your loved ones are cared for, and can help prevent unnecessary legal complications and family disputes. It's an essential tool in estate planning that allows you to leave a clear and legally binding set of instructions for your affairs after your passing.

Disclaimer: This article does not constitute legal advice and Smith van der Watt will not be held liable for any reliance hereupon. Book a consultation with us to discuss your testamentary needs!

10/08/2023

Smith van der Watt Inc. is an industry-focused and relationship-driven firm offering a wide variety of legal services. We have forged trusting, loyal and lasting relationships, which can be seen through our diverse client base, including major banking corporations, commercial as well as private individuals.

Book a consultation with any one of our highly qualified attorneys for all your legal needs.

Tel: 011 668 5400
WhatsApp: 069 678 2963
Email: [email protected]
https://smithlaw.co.za/

07/08/2023

National Wills Week: 11 - 15 September 2023

During this week, members of the public will be able to have a basic will drafted by our offices free of charge!

Why is a will important?

Having a will helps to ensure that your wishes are carried out after your death and can provide several benefits for you and your loved ones.

Here are some reasons why having a will is important:

Distribution of Assets: A will allows you to specify how you want your property, assets and possessions to be distributed among your beneficiaries. Without a will, your assets may be distributed according to the Intestate Succession Act, which might not align with your wishes.

Guardianship for Minor Children: If you have minor children, a will allows you to name a guardian to care for them in case of your death. This ensures that your children are looked after by someone you trust and who shares your values.

Avoid Intestacy Laws: Dying without a will is known as dying intestate. In such cases, the Intestate Succession Act will determine how your assets will be distributed. This can result in a lengthy and potentially costly legal process, and your assets might not end up where or with whom you intended.

Minimise Family Conflicts: A well-drafted will with clear instructions may help reduce the potential for misunderstandings, disputes and conflicts among family members regarding asset distribution.

Appointing an Executor: In your will, you can name an executor of your choice, who is responsible for carrying out the instructions in your will and handling the administrative tasks of your estate.

Charitable Donations: If you wish to leave a portion of your estate to a charity or cause you care about, a will allows you to do so.

Business Succession: If you own a business, a will can outline your wishes for the future of the business, such as who will take over its management or ownership.

Estate Planning: A properly structured will may help minimise estate taxes and other potential financial burdens on your beneficiaries.

Personalisation: A will allows you to customise your estate plan based on your unique circumstances and the needs of your family. You can address specific concerns or provide for individuals who may not be legally recognised as heirs without a will.

Peace of Mind: Creating a will provides peace of mind, knowing that you have taken steps to ensure your loved ones are taken care of and your assets are distributed according to your wishes.

In summary, having a will gives you control over what happens to your assets, ensures your loved ones are cared for, and can help prevent unnecessary legal complications and family disputes. It's an essential tool in estate planning that allows you to leave a clear and legally binding set of instructions for your affairs after your passing.

Disclaimer: This article does not constitute legal advice and Smith van der Watt will not be held liable for any reliance hereupon. An attorney should be consulted to discuss your testamentary needs.

27/07/2023

Interesting read regarding the new Divorce Amendment Bill

Cabinet has welcomed the new Divorce Amendment Act to Parliament, set to undergo the legislative process while making necessary changes to current legislation.

11/07/2023

There has been a lot of talk surrounding ChatGPT and how AI may take over the legal profession, so we asked ChatGPT how to do an eviction application in the High Court of South Africa and this was the response we received:

“Please note that I am an AI language model and not a legal professional. However, I can provide you with a general overview of the process of filing an eviction application in the High Court of South Africa. It's important to consult with a qualified attorney who specializes in South African law to ensure you have accurate and up-to-date information for your specific situation. Here are the general steps involved in an eviction application:

1. Consult an attorney: Eviction cases can be complex and involve legal procedures and requirements. It's highly recommended to seek legal advice from a qualified attorney who can guide you through the process and ensure you comply with the relevant laws and regulations.

2. Gather necessary documents: Work with your attorney to gather all the necessary documents required for the eviction application. This may include the lease agreement, notice of termination, proof of non-payment or breach of the lease terms, and any other relevant supporting documentation.

3. Draft the application: Your attorney will prepare the eviction application, which is a legal document outlining the grounds for eviction and the relief sought. The application must comply with the rules and procedures of the High Court.

4. File the application: Once the application is drafted, it needs to be filed at the High Court. Your attorney will submit the application along with the required supporting documents and pay the applicable filing fees.

5. Serve notice to the tenant: After the application is filed, your attorney will ensure that the tenant is served with the necessary legal notices and copies of the application. Proper service of notice is crucial to ensure that the tenant has an opportunity to respond to the application.

6. Court proceedings: Depending on the circumstances and the tenant's response, there may be court proceedings and hearings involved in the eviction case. Your attorney will represent you in court and present your case to the judge.

7. Court decision: The court will evaluate the evidence presented and make a decision regarding the eviction. If the court grants the eviction order, it will specify the terms and timeline for the tenant to vacate the property.

It's important to note that the eviction process can vary depending on the specific circumstances, local laws, and court practices. Working closely with a qualified attorney will help ensure that you follow the correct procedures and comply with the applicable legal requirements in your particular case.”

Even AI agrees that it is an attorney who is best suited to handle your eviction proceedings!

Contact us at 011 668 5400/ [email protected] to arrange a consultation to discuss whether an eviction is the correct process to follow in your circumstances.

07/07/2023

MY TENANT ISNT PAYING HIS RENT, CAN I SWITCH OFF THE WATER AND ELECTRICITY?

According to the recent judgement handed down by the Johannesburg High Court, the answer is no.

In short, a contract of lease is an undertaking by the lessor to give to the lessee undisturbed temporary use and enjoyment of the property, in exchange for rental payments.

Should a tenant not pay rent, the landlord has certain remedies at his disposal. However, these remedies must be exercised in accordance with the law and disconnecting the water and/ or electricity supply may not be one of them, as this would be considered as taking the law into their (the landlord’s) own hands.

A tenant may approach the court for a restoration order in terms of the mandament van spolie should a landlord disconnect the water and/ or electricity supply.

The High Court stated that a mandament van spolie or a spoliation order is available where “a person has been deprived of his possession of movable or immovable property or his or her quasi–possession of an incorporeal. A fundamental principle in issue here is that nobody may take the law into their own hands. In order to preserve order and peace in society the court will summarily grant an order for restoration of the status quo where such deprivation has occurred, and it will do so without going into the merits of the dispute.”

The court further stated that the supply of electricity and water is not merely contractual, but an incident of the possession of the property.

Accordingly, even if a tenant fails to vacate the property on an agreed date, the lessor may not cut off the electricity supply electricity is an incident of occupation and cutting off same will amount to an interference with the lessee’s occupation which means that the lessor performs an act of spoliation.

Therefore, irrespective of whether the tenant is occupying the property unlawfully, a landlord may not disconnect water and electricity without the intervention of a court.

18/05/2023

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05/03/2021

Smith Van Der Watt Inc.
Mourns the passing of our beloved Director and friend, Mr. Henning Johannes Rykaart De Villiers.

We wish to convey our condolences to his family and loved ones.