Does an illegitimate child have a claim against his late father’s estate?
A client asked: “I am an illegitimate child and my father passed away. Can I claim from his estate”? In South Africa, the rights of
May 18, 2023
ARTICLES
Can a fixed term employee whose dismissal is found to be unfair request reinstatement as a remedy?
By Sharusha Moodley, Bregman Moodley Inc Attorneys Once a dismissal is found to be unfair an arbitrator may order reinstatement, re-employment or compensation to an
May 16, 2023
Application by an ex-wife to claim a pension benefit from her ex-husband’s pension fund
In the case of C.N.N V N.N (2021-11607) [2023] ZAGPJHC 208 the Johannesburg High Court refused to vary a divorce order to allow her to
April 24, 2023
The divorce process in South Africa
Navigating Divorce in South Africa: A Comprehensive Guide to the Process. Divorce in South Africa can be a complex and emotionally challenging process. However, with
April 20, 2023
Father’s rights if he is not reflected as the father on a child’s birth certificate.
A client asked: I am the father of a child born out of wedlock. The mother did not reflect me as the father on the
April 20, 2023
Get the Support You Need During Your Divorce.
Get the Support You Need During Your Divorce. Our friendly and affordable specialist divorce lawyers provide the right guidance and support during difficult times. When
April 17, 2023
Warning to a parent that refuses to pay maintenance.
By Sasha Kadish. In a recent case ENM v LTM [2023] ZANWHC 34 at [35]-[74], a divorcing couple who were married in community of property
April 14, 2023
When can an employer ask pension fund administrators to withhold an employee’s pension benefits?
Section 37D(1)(b)(ii) of the Pension Funds Act (PFA) provides that a retirement fund may deduct any amount due by a member to their employer for
April 11, 2023
What is a testamentary trust?
A testamentary trust is a type of trust that is created under the terms of a person’s will and comes into effect after the person’s
April 11, 2023
The roles and responsibilities of a curator
The roles and responsibilities of a curator appointed by the Master of the High Court in respect of a mentally ill patient. In South Africa,
April 6, 2023
Can the trustees of a pension fund ignore the wishes of a member as recorded in the member’s nomination form?
The court dealt with this question in Ndwandwe v Trustees of Transnet Retirement Fund and Others [2023] ZAKZDHC 8 (22 February 2023) The conclusion was that
April 3, 2023
Can the court appoint a second guardian for a child without removing the existing guardian?
By Sasha Kadish Answer: Yes, according to the judgment of R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219 (14 March 2023). In this case, the Court
March 27, 2023