Sambo & Makgabutlane Attorneys

Sambo & Makgabutlane Attorneys We provide innovative legal services, using our expertise and maintaining professional standards.

COMMON MISTAKES PEOPLE MAKE WHEN WRITING A WILL 📜⚖️A will is one of the most important legal documents you will ever sig...
03/06/2026

COMMON MISTAKES PEOPLE MAKE WHEN WRITING A WILL 📜⚖️

A will is one of the most important legal documents you will ever sign yet many people still get it wrong, which can create serious problems for their loved ones later.

Here are some of the most common mistakes we see:

▪️ Not having a will at all
Many people delay it, thinking they have “time”. Unfortunately, life does not always give notice.

▪️ Using unclear or vague wording
Ambiguous instructions can lead to disputes and confusion among family members.

▪️ Not updating the will after life changes
Marriage, divorce, new children, or acquiring property should all trigger a review of your will.

▪️ Choosing the wrong executor
An executor must be trustworthy, capable, and able to handle legal and financial responsibilities.

▪️ Not considering minor children
Failing to properly appoint guardians or set up protection for minors can leave critical decisions to the courts.

▪️ Forgetting about all assets
People often leave out policies, retirement funds, or digital assets.

▪️ Not getting professional guidance
DIY wills may seem simple, but small errors can make them invalid or difficult to execute.

A well-drafted will is not just paperwork it is a safeguard for your legacy and your family’s future.

WHAT NOT HAVING A WILL CAN CAUSE đź“śWe once worked with a client who had three children with her long-term partner, but th...
27/05/2026

WHAT NOT HAVING A WILL CAN CAUSE đź“ś

We once worked with a client who had three children with her long-term partner, but they were never married.

They believed love was enough, and that a marriage contract would not really change anything. On top of that, she never had a good relationship with her in-laws, so formalising things was never a priority.

Unfortunately, her partner suffered a serious accident at work. After spending months in ICU, he sadly passed away.

That is when everything changed.

When it came time to claim policies, work compensation, and payouts, the family came for everything… and I mean everything.

The surviving partner was left fighting battles she never expected, while also grieving the loss of someone she built a life with.

When we became involved, we realised that a simple will could have solved so many of these issues:
▪️ Clear instructions on beneficiaries
▪️ Protection for the children
▪️ Reduced family disputes
▪️ Easier estate administration
▪️ Better protection of the deceased’s wishes

People often think a will is only for the wealthy or the elderly.

It’s not.

A will is about protecting the people you love when you are no longer here to speak for yourself.

Many families don’t fight because there was no love…they fight because there was no will.A will is not about preparing f...
25/05/2026

Many families don’t fight because there was no love…
they fight because there was no will.

A will is not about preparing for death only it is about protecting the people and assets you worked hard for.

Without a valid will:
▪️ Your estate may be distributed according to the law
▪️ Delays can happen when winding up the estate
▪️ Family disputes may arise
▪️ Minor children’s interests may become complicated
▪️ Assets may not go to the people you intended

Writing a will gives clarity, protection, and peace of mind.
Because building wealth is important but protecting it is just as important.

20/05/2026

Being at the altar saying “I do” is not the same as taking an oath in court. Marriage is a legal contract, yes but it does not work like “everything you say can be used against you.” Instead, courts look at conduct, finances, fairness, and evidence over time, not isolated statements made during the relationship.

Now, focusing on your real point: can a supporting spouse successfully oppose alimony (spousal maintenance)? Yes absolutely, even if they were the primary financial provider during the marriage.

In South Africa, spousal maintenance is not automatic. The court applies a fairness-based test, not a “you earned more so you must pay” rule.

When a supporting spouse can successfully oppose or reduce maintenance

A strong defence against alimony claims can exist where:

1. The spouse can support themselves
If the spouse asking for maintenance is:

qualified
employable
capable of earning an income
the court may limit or refuse maintenance, especially if they are choosing not to work.

2. The marriage was not long enough to create dependency
Shorter marriages usually carry weaker claims for long-term maintenance.

3. The paying spouse cannot afford the claim
Maintenance is always tied to affordability. Even if someone earned more during the marriage, the court will not order payments that are unrealistic or financially destructive.

4. There is evidence of financial independence or refusal to work
If the claiming spouse is voluntarily unemployed without valid reason, courts may reduce or refuse maintenance.

5. Prior agreements exist
If there is:

an antenuptial contract, or
a settlement agreement
that clearly limits maintenance or separates finances, it can significantly weaken a claim.

6. Assets were already fairly divided
If one spouse received a fair share of the estate, the need for ongoing support may be reduced or removed

The last thing you want to discover right after being pronounced husband and wife, or while your families are still ulul...
14/05/2026

The last thing you want to discover right after being pronounced husband and wife, or while your families are still ululating and celebrating the successful conclusion of lobola negotiations is that there’s debt and liability now attached to your name.

Unfortunately, that’s what happens when people get married blindly, without fully understanding the legal and financial consequences of marriage.

đź“Ś In South Africa, once lobola negotiations are concluded and a customary marriage is recognized, if there is no antenuptial contract (prenup) in place, the marriage is automatically regarded as in community of property.

What does that mean?
⚖️ Your finances become joined.
⚖️ Assets and debts may be shared.
⚖️ One partner’s financial obligations can affect the other.

That is why these conversations are so important before taking the next step.

✨ Love each other enough to have the uncomfortable conversations early.

&MakgabutlaneAttorneys

A mother’s love is one of life’s greatest gifts nurturing, protecting, guiding, and standing strong through every seaso...
11/05/2026

A mother’s love is one of life’s greatest gifts nurturing, protecting, guiding, and standing strong through every season. 🌸

This Mother’s Day, we honour the incredible women who continue to lead with grace and courage every single day.

Happy Mother’s Day and We belive you had an awesome one from the team at Sambo & Makgabutlane Attorneys

“If you have a prenup, aren’t you already halfway out of the marriage?”It’s a valid question and one we hear often.Our a...
06/05/2026

“If you have a prenup, aren’t you already halfway out of the marriage?”
It’s a valid question and one we hear often.

Our answer at Sambo & Makgabutlane Attorneys:

A prenup is not about preparing for divorce it’s about defining your partnership clearly and fairly from the start.

Marriage is both emotional and legal.
Love brings you together, but the law will still apply rules to your finances whether you choose them or not. A prenup simply gives you the power to choose those rules.

It doesn’t mean you’re holding back from the union it means you’re entering it with clarity, honesty, and mutual respect.

This Workers' Day, we celebrate every worker whose dedication shapes our communities and drives progress forward. Your w...
01/05/2026

This Workers' Day, we celebrate every worker whose dedication shapes our communities and drives progress forward. Your work matters. Your rights matter.

Freedom means knowing your rights and having the power to defend them.
27/04/2026

Freedom means knowing your rights and having the power to defend them.


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OFFICE 113, NORMED, 260 BURGER Street , PRETORIA NORTH
Pretoria
0182

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Tuesday 08:00 - 16:00
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