Welcome to the Legal Advice Office in South Africa

• Social Media
• cyber bullies
• online harassment
• Protection from Harassment Act

Cyberbullies and online harassers hide facelessly behind an electronic façade from where they do their dirty work.

Last week The Legal Advice Office got the following query on this subject:

 “About three weeks ago a man started sending me inappropriate e-mails and posting lewd and suggestive comments and messages on my Facebook and Google plus pages. I’ve tried blocking the person and telling him to stop, but he keeps changing his email address and user profile and keeps coming back. I am at my wit's end and don’t even want to look at my phone or computer anymore. Is there anything I can do?”

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• Divorce legal advice
• Estate Planning
• Matrimonial Law
• Trust Fund
• sham trust
• Trustee

You don’t have to lose all control over assets in a trust

Firstly; let us have a look at Trusts

 The general nature of a discretionary trust is to exist separately from the donor, with the trustees owning and managing the trust assets to the benefit of the beneficiaries of the said trust (in their capacity as trustees acting in a fiduciary relationship).

The assets that have been donated or sold to the trust are legally owned separately from the donor and the trustees’ personal estate and accordingly do not form part of the personal estates of the donor or trustees. These assets are kept, owned and managed on behalf of the discretionary beneficiaries. These are the core principles which the majority of people who establish trusts, are familiar with. 

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• Alzheimer
• Curator
• Old age

The law allows each individual person who is a major and over the age of 18 years of age to manage and control their own affairs and finances; but what happens when they cannot do so?

We received this query a week ago.

“My mother has been living with Alzheimer’s for a number of years now. She has always been very independent and insisted on managing her own affairs and finances even after my father passed away in 2008. Unfortunately, of late, she has deteriorated very badly, to the point where I am very concerned about her financial situation and her care. I know my father left her some money, and I want to make sure that this money is correctly used for her care and wellbeing. But am I allowed to take over control of her affairs?”

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