The cost of getting your will wrong

Judge warns: “Don’t use untrained advisers to draft your will”

The cost of getting your will wrong

Monique Vanek
24 June 2012
Judge warns against using untrained advisers to draft your will.

JOHANNESBURG – Dealing with the death of a loved one isn’t easy but it can be made harder if they never drafted their will or drafted it incorrectly.

Judge Leach in his June 1 ruling over a contested will warned: “It is a never-ending source of amazement that so many people rely on untrained advisors when preparing their wills, one of the most important documents they are ever likely to sign. This is by no means a recent phenomenon. Some 60 years ago, in Ex Parte Kock NO,1 a High Court decried the number of instances in which wills had to be rejected as invalid due to a lack of compliance with prescribed formalities and the regularity with which the courts were being approached to construe badly drafted wills, before urging intending testators ‘in their own interests as well as in the interests of those whom they intend to benefit when they die . . . to consult only persons who are suitably trained in the drafting and execution of wills and other deeds containing testamentary dispositions’. Despite this, the courts continue all too often to be called on to deal with disputed wills which are the product of shoddy drafting or incompetent advice. This is another such case”.

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HOW EMPLOYEES SHOULD PREPARE FOR A DISCIPLINARY HEARING

A. INTRODUCTION

1. Many employees find themselves faced with the prospect of appearing at a disciplinary hearing. Unless they are members of a trade union that is present in the workplace, they find themselves without any professional assistance and have to rely on information gained before the hearing and at best the support of a colleague at the hearing itself.

2. A disciplinary hearing can be a make-or-break situation for many an employee. It can mean the difference between continued employment or searching the market for months, even years, looking for another job. It is not a process to be taken lightly. You must prepare for the hearing like a professional. When you enter the room in which the hearing is to take place, you must be thoroughly equipped for what you need to do. In a sense, what this article attempts to do is to make you your own lawyer to the extent that it is possible in such a short time.

3. Many employees have approached me for assistance in this situation. Their dilemma is that unless they have a trade union representative or colleague with experience of these things, they cannot have any expert representation. They are vulnerable – Daniel facing the lions. That is why I have prepared this guide to assist them in the absence of an attorney or labour expert at their side when appearing before a disciplinary hearing.

4. Please do not be put off by what you might think are a complicated set of requirements. I have simplified these requirements and, in their essence, the requirements themselves are not complicated. The hearing is not a high court trial and no one expects you to conduct yourself as a professional advocate. On the other hand it can only be to your benefit if you acquaint yourself with the way disciplinary hearings work. That will enable you to present your case in the strongest way you can.

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How to apply for a bond

How to apply for a bond

 Doing it the lazy way this week – see below

PART OF THE MONEYWEB NETWORK
Friday, 15 April 2011

How to apply for a bond
Marius Crook*
06 April 2011

A simple step by step guide.

Applying for a bond is often one of the most important and daunting processes one can go through. In order to successfully secure a bond, it is essential for potential home buyers to ensure that they take the correct steps. Marius Crook, regional sales manager for ooba, South Africa’s leading bond originator, supplies an easy to follow step by step guide to applying for a bond.
Step 1: Know your bond limitations
Ensure that you know what you can afford. Contact your bond originator consultant, complete the interview form and provide the necessary supporting documentation to receive the pre-approval certificate. With this in place you are now in a position to officially enter the property market.
Step 2: Find your dream home
A good tip for finding your ideal home is to narrow your search to a particular area, learn about its history, schools, security measures and other unique selling points. Once you have found your dream home ensure that it is within your price bracket.

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Shameful Panic Campaign against Equity Act Amendments

Shameful Panic Campaign against Equity Act Amendments

 Recent weeks have seen a spate of ‘swart gevaar’-type tactics against the Employment Equity Bill due to come before Parliament soon.

Listen to the hysterical tirades: “the job-killing demographic provision”; “existing jobs in jeopardy … stifles the creation of new ones”; “massive racial realignment of employment quotas”; “huge and unfeasible social engineering”; “would require massive population shifts” and so on ad nauseam.

All of this is hyperbolic rubbish.

The only thing that is massive about this proposed amendment is the ignorance of many critics who have been spouting their mouths off about it.

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You can’t fire someone at will any more

You can’t fire someone at will any more

It’s amazing how many employers run into trouble because they think they can still fire someone just by giving them a letter of dismissal. The real picture is far more complicated.

Every employee has the right not to be unfairly dismissed. He is protected against arbitrary dismissal, being dismissal without substantive grounds and/or in a procedurally unfair manner.

There are three – and only three – legitimate categories of “Substantive Grounds”,

(a) Misconduct,
(b) Incapacity (itself divided into ‘inadequate performance’, ‘ill-health and injury’ and ‘incompatibility’) and
(c) ‘operational reasons’ (retrenchment).

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