The legal duty of a grandparent to maintain a grandchild
By operation of law, the liability to maintain someone is based on three factors: firstly, the claimant’s inability to support himself or herself; secondly, his or her relationship to the person from whom he or she claims support; and thirdly, the latter’s ability to provide support. The common law and the Children’s Act recognise that parents are […]
Do annuities form part of the estate during a divorce?
In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa (“SCA”), case number 10861/2018, that:“The value of the Respondent’s right to future annuity payments in respect of Personal Portfolio Living Annuities (“the living annuities”) from Glacier Financial Solutions (Pty) Ltd, a member of the Sanlam Group, is an […]
How to Become a Parent
When it comes to the structure of families, Bob Dylan described it adequately when he said, “the times they are a-changing’”. The liberation of sexual orientation and rise in popularity of alternative families have changed what society sees as the “norm” for families.The question is whether legislation has changed with the times as well. Legislation […]
Maintenance of Surviving Spouse
The idea of freedom of testation is a core value of South African law and enjoys wide protection. The Maintenance of Surviving Spouses Act, 27 of 1990, was drafted to give a spouse legal recourse if disinherited or negatively affected by the wishes of the testator, or in the case of intestate succession. The goal […]