When you give an outright gift to someone under your Will, the beneficiary receives the gift from your executor, with no strings attached. The beneficiary can do what they like with it. If you impose any rules on the gift, then you have effectively created a ‘testamentary trust’, and things get a little more complicated.
Dealing with employees as part of a business sale
Dealing with employees and their entitlements as part of a business sale or acquisition is not straight-forward. There are plenty of traps and tricks for the uninitiated. Find out what you need to know.
Who gets the farm?
Do you have the right to determine who inherits your farm? The short answer is ‘not necessarily’, but there are things you can do to increase the chances of your wishes being upheld.
Making a Claim for Executor’s Commission in SA
Taking on the role of Executor of a deceased estate can be daunting, time consuming and more difficult than you anticipated!
Who gets to choose who goes on your board?
Most people think the directors of their company are appointed by a majority of shareholders. But often this is not the case. Discover the full picture.
Employers guide to managing sexual harassment in the workplace
Sexual harassment can cost a business dearly in terms of lost productivity, staff turnover, recruitment costs, legal fees and court awarded damages. Two recent court cases have shown us that courts are now prepared to make increasingly large awards to compensate victims of sexual harassment. Here we give you the tools to identify sexual harassment in the workplace, and provide the steps you need to take to prevent it.
‘Tag-along’, ‘drag-along’ and other strange rights
When you first read these clauses it isn’t always clear what they are trying to achieve, and why you would include them in your Shareholders Agreement (or Constitution).
ATO discrimination – plain and simple
Will all business owners be required to return profits from their businesses as personal services income if they are involved in the business? Will they be required to earn a ‘market wage” (whatever that is)?
Business succession and your super fund
Sometimes people look to their super fund as a means of funding life insurance for a business buy-sell arrangement. This is possible, but there are some tricks and traps to be aware of…
Fancy giving your tenant’s creditors your security bond?
By now, everyone has heard about the Personal Property Securities Register (PPSR), which came online on 30 January 2012, (well, we hope so!). However, the implications of the new registration system are still not widely known.
Are you handing your clients to your ex-employees and key-competitors on a platter?
LinkedIn and other social media networking sites have their uses, and can be good for ‘profile’ building. But the question is – can you afford to lose control of your business contacts and spend time building value for another business, the social media site?
Can you benefit from a trust you have made a gift to?
We were asked the other day if there is anything stopping a discretionary trust making a distribution to someone who has previously made a gift to the trust. This may seem like a simple question, but it isn't. As you will probably be aware, most (if not all) trust...
What is a Special Disability Trust and why would you need one?
A Special Disability Trust (SDT) is a special type of trust that allows parents and immediate family members to plan for current and future needs of a person with severe disability. The trust can pay for reasonable care, accommodation and other discretionary needs of the beneficiary during their lifetime.
Marijuana anyone? The ins and outs of employee drug testing
Employers have long struggled with the balance between an employee’s responsibilities at work and their right to a life outside of work. This has often given rise to the question of whether an employer can discipline employees for recreational activities conducted outside of working hours.
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