Hammond Pole Blog

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My father has passed away and I have inherited his property

A Blog article by: Tania Abbotts    My father has passed away and I have inherited his property – I am struggling to evict the current tenants – is it possible to evict before it has been transferred into my name? Would a letter of executorship be relevant in this situation? What about notice in terms of the rental agreement?    If a person passes away and has a last will and testament, then as legal practitioners, we administer the estate as per the directions set out in the last will and testament. This means that the deceased would have elected who would be...

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Conveyancing fees – what are you paying for

Blog article by: Michelle Orsmond    Purchasing your dream home is one of the most significant investments you will ever make. However, first-time buyers are not always fully aware of the costs associated with purchasing a home and what the services they are paying for entail.   The conveyancing services that a firm typically offers, includes the preparation and gathering of all documents required to finalise the registration of a sale once it is lodged with the Deeds office.   But not all property transactions are the same - each one carries its own delays and challenges, and a conveyancer needs to assist both the seller...

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My fiancé has paid my family lobola but we will only be getting married in two years

- What are the legal ramifications and what are my rights?   A blog article by Tania Abbotts   South Africa is a unique country due in part to the many different cultures, religions and customs within our beautiful rainbow nation. This is why we have so many different kinds of recognised lawful marriages: civil union, marriage, customary marriage etc. I have seen an increase in matters being taken to court regarding customary marriages mainly because it is uncertain at what point a customary marriage is deemed a lawful marriage and thus subject to the protection and obligations afforded to married couples.   Section 3(1) of...

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How laws change in South Africa and how women throughout our history have made an impact on legislation

Blog article by: Jacolene Jansen van Vuuren   A woman’s place is in changing the world. It is only over the last three or four decades that women's role in the history of South Africa has actually been given some recognition. As we celebrate Women’s Month we commemorate the history of women’s struggle in South Africa and the role of women in the progress towards the new South African democracy. In the not-so-distant past, it was the men who had the lion’s share of authority in society; women were seen as subordinate. A woman’s role was primarily a domestic one; it included raising...

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Is there ever grounds to cancel an offer to purchase?

Blog article by: Neil Mc Kinon Signing an offer to purchase is an exciting time for any buyer. The freedom of owning one’s own property or the thrill of a new investment is a major drawcard for property buyers. But signing an offer to purchase can also come with some buyer’s remorse and the question most often asked is “can I get out of the agreement once I’ve signed?” The answer complex, but in short, no. The terms and conditions in an offer to purchase are designed to protect both the buyer and the seller and prevent either party from unilaterally changing their mind...

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How recent judgements are making it easier to claim maintenance

A blog article by Tania Jones (previously Abbotts)  It’s not often that a legal argument about maintenance reaches the Supreme Court of Appeal in South Africa. This is partly because most Magistrates’ Courts have their own maintenance division with court officials who are specially trained in maintenance law. They first attempt to reach a settlement between the parties and when they are not successful, the matter is then referred to the Maintenance Court. The Magistrate then considers evidence from both sides to make a ruling. While this process sounds easy, the reality is more complex and often takes over three to...

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On the road and in an accident – What to know and what to do

road accident blog

The peak travel period for the festive season is upon us and whether you’re involved in a bumper bashing or a more serious crash, whether you’re a driver, passenger or even an onlooker here’s a five-step guide on what to do after a vehicle accident: Step 1 – Stop and call for help Stop your car and switch on your hazards to warn other drivers to be careful. If it is safe to do so, climb out of your car to check if anyone has been injured. If someone has been injured, contact an ambulance, or rescue unit. It’s critical that...

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Best of Ekurhuleni – Best Law Firm 2021 – Hammond Pole Attorneys

best law firm of ekurhuleni 2021

  The results are in. Hammond Pole Attorneys has been announced as the Best Law Firm in the Best of Ekurhuleni Readers’ Choice Awards 2021. This is the fourth time the company has won this prestigious award, having won it three years in a row in 2017, 2018 and 2019, firmly establishing it as a favourite in the local community.     The Awards, which gives the residents of Ekurhuleni the chance to vote for their preferred local businesses and organisations, has been running since 2015 (no awards took place in 2020 due to COVID-19) and is an indicator of the best the East...

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Women of South Africa – Know Your Rights

women of south africa know the law

“And one day she discovered that she was fierce, and strong, and full of fire, and that not even she could hold herself back because her passion burned brighter than her fears.” - Mark Anthony, The Beautiful Truth Every year, during National Women’s Month social media platforms increase awareness about gender-based violence (GBV) against women, which domestic violence is the most common of all gender-based violence, not only in South Africa, but across the globe. This has created a synopsis of cases reported in the media which sadly does not even signify the actual figures of daily cases where women have...

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Supreme Court of Appeal (SCA) Judgement

supreme court of appeal

Written by: Dylon Fisher and Salome Labuschagne   High Courts Have to hear matters even if quantum is within Magistrate’s Court jurisdiction.   In the past attorneys and financial institutions have been disallowed from instituting action out of the majority of the High Court where the quantum is less than R400 000, which has caused havoc with everyone’s processes and efficiency. We are pleased to note that this has now changed for the better.   In the matter of Std Bank vs Thobejane and Std Bank vs Mponga, the Supreme Court of Appeal which is the highest court in the country for these matters, has ruled that...

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