Articles

Deregistration of Trusts

Trust registration Trusts must be registered with the Master in whose area of jurisdiction the greatest portion of the trust assets are situated. If more than one Master has jurisdiction over the trust assets, the Master in whose office the trust was first registered will continue to have jurisdiction. What does the Trust Property Control…

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Where must deceased estates be reported?

Wherever the deceased was living in the Republic of South Africa, the estate should be reported to the Master of the High Court in that jurisdiction. In other words if the deceased was living in that area for 12 months prior to his/her death, then the Master’s office overseeing estates in that region should open an…

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The Legal Practice Act and what this means for Advocates in particular

Many years were spent debating whether or not advocates should be allowed to approach the public directly. Historically members of the public would brief an attorney who would then approach an advocate to argue a case before a court. This was known as the “referral system”. Finally the Minister of Justice publicised the DOJ’s plans…

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Insurance Cover Questions Asked

1. Why do I need a professional indemnity policy? Professional Indemnity policies provide cover to professionals that offer advice or professional services to the public.  Clients that seek advice from professionals expect the advice they are given to be accurate and appropriate for their needs.  If it is not, the client may hold the professional…

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Understanding VAT & How To Save On Your MedMal Insurance Premium

VAT explained Value Added Tax (VAT) is a secondary tax that is charged on the consumption of goods and services in the economy. In the context of medical practitioners, VAT is charged on the consumption of your services (the provision of healthcare). This means that a portion of your revenue is paid to SARS as…

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Everything you need to know about a ‘Claims-Made’ Policy

There are two key features of a claims-made policy. Firstly, the policy limits coverage to claims first made during the policy period. A claim is typically “made” on the date that you notify your broker or the Insurer. A claim made before the policy inception date or after the expiration date is not covered unless…

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What is a reportable circumstance and what is a claim?

A reportable circumstance is any occasion when the Insured first becomes aware of any of the following: an intimation of a possible claim for damages, including correspondence intimating that the Insured was at fault in relation to performing any service or is liable for costs incurred or losses suffered by a third party; or the…

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Why the need for TOP UP insurance?

For law firms and sole practitioners alike, it is critical that the limit of cover offered under your Professional Indemnity insurance policy is adequate for your business. We strongly recommend you review your limit to determine whether an increase in cover, beyond what may be offered by your professional indemnity fund. For attorneys this is…

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Contemplating an application for the sequestration of a debtor’s estate in terms of the Insolvency Act?

An application may be launched in the High Court to sequestrate the estate of the insolvent if the creditor has a claim of R 1000 or more against the debtor. This figure hasn’t been increased for some time since the enactment of the Insolvency Act in 1936. However we can imagine only those persons with…

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How Bond Claims Work

Should you suspect a loss has been suffered by an estate at the hands of a trustee / liquidator/ executor (the incumbent named on the bond of security), you should proceed to investigate it. Once your investigation is complete, you need to notify the Master of your investigations and be able to substantiate the loss…

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What is Medical Negligence?

Medical means science, the practice of medicine or medical examination to assess a person’s state of physical health or fitness. Negligence means failure to take proper care or breach of a duty of care which results in damages When you put these terms together medical negligence – it is the act or omission by a medical professional that deviates from…

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Why Obstetricians and Gynaecologists Need Medical Malpractice Insurance

Heavy workloads and frivolous claims, has changed what was once a rewarding career of helping women and saving babies. Many obstetricians and gynaecologists say litigation and the profession’s unprofitability when it comes to premiums is what is deterring them from practising. The current claims climate has unfortunate consequences for the society,  poor maternal outcomes and a shortage…

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