Legal Insights

From the firm

Legal·1 May 2026·21 min read

Draft Capital Flow Management Regulations 2026: What South African Startups Need to Know

South Africa's Draft Capital Flow Management Regulations, 2026 will replace the Exchange Control Regulations, 1961. They reach further than founders expect, into crypto assets, offshore funding, IP transfers and cross-border payments.

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Notarial Practice·22 April 2026·9 min read

Notarial Copies, Apostilles and Authentication for Foreign Use

Getting South African documents accepted abroad involves more than a quick signature. This guide explains notarial copies, apostilles, and when further authentication is required.

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Conveyancing·22 April 2026·8 min read

Transfer of Property After Divorce in South Africa

When a divorce order awards property to one spouse, that outcome must be given effect through a formal conveyancing process. Understanding what that involves helps both parties plan and proceed without unnecessary delay.

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Estate Planning·22 April 2026·7 min read

What Happens If You Die Without a Will in South Africa

Dying without a valid will leaves your estate in the hands of the Intestate Succession Act. Understanding who inherits and how the process works may be the strongest argument for having a proper will.

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Family Law·22 April 2026·8 min read

What an Antenuptial Contract Does in South Africa

An antenuptial contract changes the default property regime that applies to a marriage. Understanding what it does, and what happens without one, is important before walking down the aisle.

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Corporate & Commercial·22 April 2026·8 min read

Shareholders Agreements in South Africa

A shareholders agreement is one of the most important documents a company can have. It determines how decisions are made, how disputes are resolved, and what happens when a shareholder wants out.

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Conveyancing·22 April 2026·7 min read

Affordable Conveyancing Services in Cape Town

Cost is one of the first questions buyers and sellers ask about conveyancing. Understanding what goes into the fee, and what cheap conveyancing sometimes leaves out, helps you make a better decision.

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Property Law·14 April 2026·10 min read

Eviction in South Africa: Process, Risks and Common Mistakes

Eviction is a court-driven process, not a pressure tactic. Owners who understand the sequence, and the mistakes that derail it, are usually in a far better position.

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Property Law·14 April 2026·11 min read

What to Do When a Tenant Stops Paying Rent

When a tenant falls into arrears, delay usually makes the problem worse. The right first step is to get the facts in order and take the correct legal step, not the loudest one.

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Property Law·14 April 2026·12 min read

Can a Body Corporate Stop an Owner from Altering a Section or Exclusive Use Area?

Not every alteration in a sectional title scheme needs the same level of approval. The real issue is what is being changed, where it sits in law, and whose rights may be affected.

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Legal·14 April 2026·8 min read

More Than a Law Firm: The Initiatives Associated With Our Firm

Spence Attorneys is associated with a wider group of initiatives focused on legal service, education, planning, and practical support. Together, they reflect a broader commitment to helping people prepare, learn, and move forward with confidence.

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Property Law·13 April 2026·9 min read

Common Disputes Between Co-Owners of Property and How They Are Resolved

Co-ownership works while parties agree. Once relations break down, disputes about use, expenses and sale can become expensive very quickly.

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Conveyancing·13 April 2026·10 min read

What Sellers Should Know Before Signing an Offer to Purchase

An offer to purchase can become a binding sale agreement very quickly. Sellers should check the document properly before signing, not after acceptance.

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Conveyancing·13 April 2026·10 min read

What First-Time Home Buyers in South Africa Need to Know About Transfer Costs

First-time buyers are often caught by the costs that sit above the purchase price. This article explains what transfer costs usually include, when they are payable and where surprises arise.

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Family Law·6 January 2026·8 min read

Recognition of Permanent Life Partners in Intestate Succession

In South Africa, the definition and recognition of permanent life partners, especially regarding intestate succession, have undergone significant changes due to recent court decisions and legislative amendments. This art...

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Family Law·10 January 2026·7 min read

The Legal Consequences of a Customary Wedding

_by Sarah Gama, Attorney_...

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Family Law·15 January 2026·4 min read

How Marriage With an ANC Out of Community of Property Works

Getting Married Soon? Get your ANC done....

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Family Law·19 January 2026·7 min read

Changing Your Matrimonial Property Regime

Couples intending to get married in South Africa have an option of choosing the matrimonial property regime that they wish to govern their marriage. The matrimonial property regime of a married couple will have an effect...

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Notarial·2 February 2026·5 min read

The Essential Guide to Notaries and the Authentication Process in South Africa

Navigating the intricate channels of South African law can be daunting, especially when one's needs span international borders. Notaries occupy an important role in this landscape, offering vital services to both locals ...

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Commercial Law·11 February 2026·7 min read

When Does the National Credit Act Apply to an Agreement?

We often receive queries from clients regarding the applicability of the National Credit Act, 2005 (the " NCA") in respect of intended transactions or commercial agreements. The NCA is regrettably often overlooked, which...

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Commercial Law·20 February 2026·7 min read

What Is Prescription When It Comes to Lending Someone Money?

_by Wendy Mvinjelwa, Attorney & Conveyancer at Spence Attorneys_...

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Property Law·25 February 2026·6 min read

Can I Cancel My Lease Early?

It is essential to bear in mind that when one signs a lease agreement, it creates obligations on the tenant and the landlord in respect of the relationship for the duration of the lease agreement. Not only does the lease...

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Commercial Law·1 March 2026·9 min read

Minority Shareholder: Know Your Rights

Corporate and Commercial Litigation...

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Property Law·6 March 2026·5 min read

Bought a Property Without Building Plans - What Do You Do?

Purchasing property is a significant investment, and it's paramount that buyers are well-informed. A critical component of this process is obtaining building plans, essential for ensuring compliance with local municipal ...

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Estates·10 March 2026·5 min read

An Executor in a Deceased Estate: Roles, Duties and Responsibilities

_by Sarah Gama, Attorney_...

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Family Law·15 March 2026·8 min read

What to Do When Your Ex Does Not Allow You to See the Children

_by Tanian Filander, Associate Attorney & Notary_...

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Commercial Law·19 March 2026·6 min read

Understanding Come Along and Tag Along Rights in Private Companies

Shareholders Agreements Explained...

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Commercial Law·24 March 2026·3 min read

Standard Bank Wins Partial Victory Over SARB in Crypto Forfeiture Battle

The High Court in Pretoria handed down judgment in Standard Bank v South African Reserve Bank and Others on 15 May 2025. The case deals with whether SARB can rely on outdated exchange control laws to seize funds linked t...

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Commercial Law·28 March 2026·5 min read

Understanding Without Prejudice Correspondence: What It Means and When It Applies

Commercial Litigation....

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Estates·2 April 2026·5 min read

Administering a Deceased Estate in South Africa

When a person passes away, their estate does not transfer automatically to heirs. South African law requires a formal administration process to take place before assets may be distributed. This process is structured, doc...

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Family Law·7 April 2026·5 min read

Curatorship in South Africa: What You Need to Know

A curatorship is a serious legal intervention. It involves a court formally appointing someone to manage the affairs of another person who is no longer capable of doing so themselves. This may relate to financial matters...

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Legal·24 January 2026·6 min read

Your Antenuptial Contract Might Not Be As Final As You Think

Antenuptial contracts (ANCs) have long given South African couples a sense of security when defining how their assets are treated in marriage.

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Legal·28 January 2026·6 min read

Understanding Franchise Agreements and Competition Law in Cape Town

Franchising has become one of the most effective ways to expand a brand while empowering independent business owners to operate under a trusted name.

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Legal·6 February 2026·4 min read

Meet Natalie Macdonald-Spence: Your Trusted Cape Town Attorney

When seeking legal assistance in Cape Town, it is essential to find a professional who combines expertise with a client-focused approach. Natalie Macdonald-Spence embodies these qualities.

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Legal·15 February 2026·4 min read

Connect with Spence Attorneys Today

When seeking reliable legal assistance in Cape Town, it is essential to engage with a law firm that prioritises client relationships and delivers comprehensive legal services tailored to individual needs.

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