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Pulse | Insolvency update: Are a surviving spouse’s life insurance benefits protected from creditors?

Recently, the Supreme Court of Appeal (‘the SCA’) was tasked with evaluating whether the benefits of a long-term life insurance policy are shielded from creditors following the sequestration of a joint estate. The dispute in Prinsloo v Majiedt centred around

Pulse | Business rescue update: Watershed SCA judgment confirms that ‘creditor’ includes post-commencement creditors

Late last month, the Supreme Court of Appeal (‘the SCA’) settled a long-standing legal debate: Within the scope of business rescue proceedings, which is regulated under Chapter 6 of the Companies Act (‘the Act’), the term ‘creditor’ embraces both pre-commencement

All About Property | To have and to hold: What happens to your property if your spouse is declared insolvent?

Undoubtedly, insolvency produces profound patrimonial and proprietary consequences. These consequences can be particularly devastating for married persons, irrespective of their marital regime. In a marriage of community of property, spouses’ assets, including movable and immovable property, and liabilities are pooled

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