Legal News – Page 2 – MVH Attorneys

Your Property Purchase Collapses: Can You Get Your Deposit Back?

May 26 LawDotNews

“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly […]

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Married Out of Community of Property? You May Still Be Entitled to a Share

May 26 LawDotNews

Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours. Not so fast. The Constitutional Court recently expanded access to redistribution orders for spouses married out of community of property without accrual, particularly where strict enforcement of an antenuptial contract would produce unfair financial consequences at divorce. A 2025 KwaZulu-Natal High Court judgment shows what the redistribution remedy can deliver in practice.

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Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else

Apr 28 MVH Attorneys

“Good rules make good neighbours.” (Old proverb, updated) The many benefits of living in a residential complex come, naturally enough, with obligations as well as rights. With its innate potential for conflict between competing rights, community living requires a fine […]

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Bad Manager or Workplace Bully? Where the Law Draws the Line

Apr 28 MVH Attorneys

“To avoid criticism, do nothing, say nothing, be nothing.” (Elbert Hubbard) An unpleasant boss. A strained working relationship. A manager whose style leaves much to be desired. Sound familiar? For many employees, the line between a miserable workplace and an […]

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She Fell Out of a Safari Vehicle: When Disclaimers Fail

Apr 28 MVH Attorneys

“The big print giveth and the fine print taketh away.” (Tom Waits) You have almost certainly signed a disclaimer at some point. A waiver before a trail run, an indemnity form before a bungee jump, a clause buried in a […]

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Reckless Lending: You Could Lose Everything

Apr 28 MVH Attorneys

“One of the greatest disservices you can do a man is to lend him money that he can’t pay back.” (Jesse H. Jones, entrepreneur) A recent High Court decision provides yet another cautionary tale for lenders. The stakes are high: […]

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Buying a House: What Costs Will You Pay, and When?

Mar 26 LawDotNews

It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on? We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.

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Director Delinquency Declarations: Managing Your Risk

Mar 26 LawDotNews

The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences. We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level. We’ll end by sharing some thoughts on how you can manage those risks.

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Considering Using Sequestration to Recover Levies? Think Again

Mar 26 MVH Attorneys

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

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Beyond Your Will: Leaving a Legacy

Mar 26 MVH Attorneys

Your will must always lie at the heart of your estate planning. But don’t concentrate solely on the financial wellbeing of your family after you are gone. The personal legacy you leave them is also important. It focuses on your family’s values, history and heritage, supporting your heirs in living their lives to the fullest while preserving and enjoying the material wealth they inherit from you. But how do you create a personal legacy that will last for generations, and how does this fit into your overall estate planning? We share some practical suggestions on how to get started...