Loretta Hayward Attorneys

02/12/2022

https://www.lhayattorneys.co.za/post/which-one-am-i-employee-or-independent-contractor

South African employment legislation only applies to employees as defined in the relevant legislation. Sometimes companies enter into independent contractor agreements with individuals in an attempt to “side-step” the strenuous requirements of South African Labour Legislation. In terms of The La...

09/11/2022

https://www.lhayattorneys.co.za/post/what-do-we-need-to-know-before-we-get-married

The solemnisation and registration of civil marriages, customary marriages and civil unions are managed by the Department of Home Affairs. Civil marriages are governed by the Marriage Act and regulations issued in terms of the Act. South Africa also recognizes customary marriages through the Recogni...

02/11/2022

https://www.lhayattorneys.co.za/post/what-do-i-do-if-my-maintenance-is-not-paid

A while back (see our list of previous discussions on our website, in this regard), we had a discussion about whether maintenance due in terms of a Court order can prescribe. You will remember that the answer was, “yes, but only after 30 years”. How do one now enforce a maintenance order? Firstl...

26/10/2022

https://www.lhayattorneys.co.za/post/must-a-person-testator-amend-their-will-after-divorce

As a general rule in our law, unlike the laws of some other countries, the change of the status of a testator, such as getting married, having children or getting divorced does not automatically result in the revocation of an existing Will. One of the important principles in the Law of Succession, i...

19/10/2022

https://www.lhayattorneys.co.za/post/what-do-i-do-if-my-landlord-refuses-to-maintain-the-house

We constantly hear about “bad” tenants and how they refuse to pay rental or damage property and the predicament it leaves the landlord in, but we never really talk about “bad” landlords, and believe me, they do exist. What do you do if your landlord refuses to properly maintain the house you...

12/10/2022

https://www.lhayattorneys.co.za/post/why-should-you-sign-a-power-of-attorney-poa-before-you-travel-abroad

If you are planning a trip overseas for a holiday or for work, or even more so, if you are planning to emigrate, you will inevitably leave behind some unfinished business and/or financial affairs, which you must attent to in the time of your absence and which you may or may not have foreseen. If you...

05/10/2022

https://www.lhayattorneys.co.za/post/attorneys-are-expensive-do-i-have-other-options

28/09/2022

https://www.lhayattorneys.co.za/post/what-is-the-difference-between-estate-planning-and-drafting-a-will

Many people believe Estate planning and drafting a will are interchangeable, but they are most definitely not! Estate planning refers to a comprehensive plan of action for the growth of your estate, which applies during your lifetime and after your death. This process of planning includes drawing up...

21/09/2022

https://www.lhayattorneys.co.za/post/do-i-need-a-will-if-i-am-single

One of the biggest misconceptions amongst singles is that it is not worth having a Will unless they get married and own property which is worth millions. The truth is, if you earn a salary or an income, have savings in the bank, own a few personal belongings such as furniture or possibly a car, you....

14/09/2022

https://www.lhayattorneys.co.za/post/if-i-have-a-will-is-my-job-done

No! A hundred times, no! It is vital to revise your existing Will, not only when significant events, such as marriage or the birth of children, take place in your life, but also when your assets and/or debts start to accumulate. Surely it will be your wish that your loved ones are adequately protect...

07/09/2022

https://www.lhayattorneys.co.za/post/why-is-it-essential-to-have-a-will

The intimidating and unsettling thought of planning for one’s death In this world nothing can be said to be certain, except death and taxes” Benjamin Franklin It is by no means easy to talk about and plan for your death, as it is both intimidating and unsettling, but it is something you should p...

31/08/2022

https://www.lhayattorneys.co.za/post/what-do-i-do-if-my-landlord-withholds-my-deposit

I have lived in my apartment for the last 2 years and decided to move to a new place that better suit my current needs. I gave notice to my landlord, everything seemed fine and 2 weeks after I have moved the landlord still has not returned my deposit and is now refusing to do so, claiming that he/sh...