Our Latest Insights

When and how can a trustee resign from a trust?

03 December 2024,  Elani van Coller

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

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907
Article

Capital gains distributions between trusts – who gets taxed?

03 December 2024,  Dr Candice Reynders

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

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276
Article

Can you challenge maintenance when you’re in arrears?

03 December 2024,  Zelnè du Toit

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

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160
Article

Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024,  Wisani Maluleke

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

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553
Article

Slip and trip: who is liable?

27 November 2024,  Nathan Christians

With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they... need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.

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433
Article

Developers caught off guard with sectional title costs

31 October 2024,  Natalie Steenkamp

In a recent ruling, the KZN High Court clarified that developers holding a real right of extension are   responsible for... contributing to the maintenance costs of sectional title schemes.

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280
Article

See no evil, speak no evil: reporting misconduct

30 October 2024,  Odirile Matladi

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

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265
Article

Cast your nets and navigate the waters of phishing and whaling

30 October 2024,  Dr Damian Viviers

With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint... from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.

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195
Article

Who pays for construction delays?

29 October 2024,  Herman du Randt

There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule... - It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.

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347
Article

Why the right executor is vital for your family

29 October 2024,  Tebello Setleko

Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to... handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.

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242
Article

When and how can a trustee resign from a trust?

03 December 2024,  Elani van Coller

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

READ MORE
907
Article

Capital gains distributions between trusts – who gets taxed?

03 December 2024,  Dr Candice Reynders

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

READ MORE
276
Article

Can you challenge maintenance when you’re in arrears?

03 December 2024,  Zelnè du Toit

The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you... to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?

READ MORE
160
Article

Can a sale in execution proceed while an appeal hangs in the balance?

03 December 2024,  Wisani Maluleke

In this article, we explore some of the complexities relating to the general rule of suspension during an appeal.

READ MORE
553
Article

Slip and trip: who is liable?

27 November 2024,  Nathan Christians

With a growing number of ‘slip and trip’ cases being referred to our courts, property owners must understand what they... need to do to avoid liability for injuries sustained on their property. In this article, we examine the recent case of Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 to explore the latest rulings regarding property owner liability.

READ MORE
433
Article

Your Personal Advisors

Corporate Structuring

Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions, takeovers,...

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Corporate Trusteeship

The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients as well as broad-based and employee ownership schemes v...

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Dispute Resolution

Dispute resolution advice and support services across all legal forums, risk and merit assessment, institution and management of legal action, briefing of counsel, lodging of appeals and rev...

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Divorce and Maintenance

Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of proceedings and al...

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Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafti...

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Labour and Employment

Labour and employment law services, advice and support to private, institutional, corporate and government entities, legal opinions, employment agreements, workplace audits, conditions of se...

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Medical Negligence

Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case management and all other matters ...

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Property Transfer

Advice and support in the transfer of immovable property ownership, registrations and amendments at the Deeds Office, due diligences, preparation and lodging of documentation, obtaining all ...

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Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, regist...

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Corporate Structuring

Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions,... takeovers, joint ventures, private equity, corporate unbundling, share structuring, securities, financing, due diligences, commercialisation and all related agreements and documentation.

Corporate Trusteeship

The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients... as well as broad-based and employee ownership schemes via representatives of Phatshoane Henney Fiduciary Services, including all related fiduciary and administrative aspects relating to trust management and execution of the role of independent corporate trustee.

Dispute Resolution

Dispute resolution advice and support services across all legal forums, risk and merit assessment, institution and management of legal action,... briefing of counsel, lodging of appeals and reviews, legal representation, preparation of documentation, legal opinions and all related support to resolving legal disputes.

Divorce and Maintenance

Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of... proceedings and all other matters relating to divorce and maintenance.

Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation,... opinions, trusteeships, drafting of documentation and agreements, and other related estate planning aspects. Estate planning can include on-shore and off-shore planning and integration and management of such estates.

Labour and Employment

Labour and employment law services, advice and support to private, institutional, corporate and government entities, legal opinions, employment agreements, workplace... audits, conditions of service, policies and procedures, health & safety investigations, employment benefits, collective bargaining representation and negotiation, representation at CCMA and labour courts, disciplinary proceedings, retrenchments, dismissals, labour training, and all other labour and employment aspects.

Medical Negligence

Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case... management and all other matters relating to medical negligence litigation.

Property Transfer

Advice and support in the transfer of immovable property ownership, registrations and amendments at the Deeds Office, due diligences, preparation... and lodging of documentation, obtaining all necessary authorities and approvals, engaging with third parties, management of the transfer process.

Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family /... business / testamentary trust, taxation, compliance and fiduciary aspects, registration of trusts and safe storage of wills.

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Client Testimonials

My experience as a client of PH Attorneys is that, they are professional, understands our business needs and will always give the best legal advice even if it is not in your favour on the face of it. They are trustworthy and will always be available to assist and advise at all times.

Valentine Rantsoareng, CEO, ITEC Free State
ITEC Free State

PH Attorneys has been our attorneys for almost a decade. We always receive the best professional service and advice from Meyer Volschenk and his team.

De Waal Boshoff, Manager Labour Relations and Legal Matters
Ruwacon (Pty) Ltd

PH Attorneys is the preferred supplier for legal, fiduciary and structuring advice for our company. They are innovative and always stay abreast of the latest legal requirements and changes, and ensure they fully understand our clients’ needs so their team of experts can provide effective solutions in any situation. Having this relationship has been a significant competitive advantage for us.

Magda van der Merwe
Classic Private Wealth

Our business is a long standing self-built company that has evolved into a complicated and multi-faceted Commercial Vehicle Group. We needed progressive solutions to move with the times and embrace the new South African business environment. PH Attorneys provided practical advice to assist us in restructuring in a responsible manner to move our business forward. They are a great team of professionals that are always available to assist.

James Moore, Chief Executive Officer
Fleet Dynamics Group

Over the years I have found PH Attorneys' level of service, professionalism and attention to detail to be far above any I have experienced before. Thorough and caring about client requirements and deadlines, I am kept up to date on all matters and developments on an almost weekly basis. Their insight and understanding of the transactions and transfer matters I presented them with were outstanding and have exceeded my expectations. I have no hesitation whatsoever in referring them and I am proud to be their client.

Woutri Mugglestone , Estate Agent
Aguila Real Estate

PH Attorneys is without a doubt my preferred choice in transfer attorneys, always ensuring a hassle-free transfer process. Libo van Aswegen and his team are very efficient and professional in their work and always willing to go the extra mile. When any disputes arise, they solve it with professionalism and taking all parties’ interests to heart. The agent, seller and buyer are all kept up to date with the progress of transactions, and I can always count on receiving positive feedback from my clients.

Elri van Jaarsveld, Estate Agent
Pam Golding Properties

As estate agent for over 17 years, my heart is in my business and I strive to always deliver the best service to my clients. For that reason, I always recommend PH Attorneys. They deliver outstanding, friendly service and are always prepared to go the extra mile, giving thorough weekly feedback regarding registration processes. Their property department is specialist in what they do and always do their utmost to assist buyers, sellers and agents alike.

Dirk Swart, Estate Agent
Realnet

I cannot even begin to quantify the ways in which Ilze Strydom's legal aid has helped my made my ongoing child maintenance case. She dazzled me with her communication skills and courage, and I was blown away by her integrity and endless hard work that went into making that day a win for us. Thank you for being a passionate voice on my children's behalf and for accepting the role to fight for their rights. You have been a great support guiding me through the legal process.

Drien Erasmus

PH Attorneys has been an invaluable partner to us in every aspect of our business. Their comprehensive offering of legal services, along with a dedicated client relationship team, have made them an integral part of our business and a truly trusted advisor in everything we do.

Katlego Tlale, Chief Financial Officer
Letsema

PH Attorneys have rendered very professional service to Senwes Ltd for a number of years. Thank you for your excellent service.

Jaco Steyn, Legal Advisor
Senwes

I wish to express my sincere gratitude to the PH Attorneys team. Our requests have always been prioritised even then the deadlines were tight. Thank you for going beyond the call of duty. We look forward to your continued support and building on this great relationship.

Juby Govender, Acting Senior Manager, Unit for Development
Central University of Technology

We are pleased to be associated with PH Attorneys as we always receive the highest standard of professional service. Irrespective of what we present them with - varying from from highly technical advice to litigation and any other commercial or legal matter related to our group of companies - the teams tending to our matters are always able and ready to assist. We can highly recommend their services as it is always timeous and professional, and their legal guidance of the utmost quality.

Dirk du Plessis, Head of Corporate Services
Digicentral

I’ve consulted & referred clients to Francois Fouché regarding offshore investment structures & international estate planning. Definitely some of the best advice in the market today. 5-star rating!

Duane Nienaber
Attooh!