LEGAL SERVICES

CONVEYANCING & PROPERTY LAW

We offer a range of expert services in all fields of conveyancing, from working with developers, financial institutions, and various estate agents.
Our property law department encompasses a full range of conveyancing for individuals and commercial clients:
  • Drawing of Deeds of Sale
  • Deceased Estate Property transactions
  • Divorce Transfers
  • Deeds Registry searches
  • Notarial bonds, Servitudes and Usufructs
  • Lease Agreements
  • Registration of Mortgage Bonds
  • Cancellation of Bonds
  • Sectional Title Transfers & Share Block Schemes
  • Opening of Sectional Title Registers
  • Development Transfers & Bonds
  • Notarial Servitudes

COMMERCIAL LAW

We are committed to ensuring the success of your business by offering a wide range of legal solutions tailored to meet your needs.
Our highly qualified attorneys with years of experience enable us to offer specialised advice and assistance in the following areas:
  • Formation and Amendments of Companies
  • Shareholder and Partnership Agreements
  • Commercial Agreements and Transactions
  • Formation of Trusts
  • We attend to Vetting and Drafting of a range of Commercial Agreements, including:
  • Confidentiality and Non-Disclosure
  • Development Agreements
  • Memoranda of Incorporation
  • Partnership Agreements
  • Sale of Shares
  • Shareholder Agreements
  • Sale of Business
  • Sale or Lease of Commercial Property

CIVIL LITIGATION

We pride ourselves in our knowledge and years of experience, litigating on behalf of our client base, including individuals and corporates in the High Courts, Magistrate’s Courts and in Arbitration/Mediation.
We provide clients with legal advice and representation in most civil and commercial litigious including the following:
  • Contractual Disputes
  • Enforcement of Monetary claims and Specific performance
  • Proceedings in the Magistrate’s Court or the High Court
  • Rescissions of Judgment
  • Attachments and Sales in Execution
  • Landlord and Tenant disputes
  • Sale and Purchase disputes
  • All litigation in the Magistrate Court, District Court, High Court, Supreme Court of Appeal, and Constitutional Court
  • Alternative dispute Resolution and Arbitrations
  • Debt Collections
  • Contractual & Building disputes

DIVORCE AND FAMILY LAW

We deal with uncontested, mediated and contested divorce matters as well as the drafting of Parenting Plans.
  • Divorce and other Family Law disputes.
  • Cohabitation Agreements / Life Partnership Agreements.
  • Changes to Matrimonial Property regimes from In Community of Property to Out of Community of Property.
  • Drafting of Parenting Plans and Consent Papers

DECEASED ESTATES ADMINISTRATION

We accept appointments as Executors, and also as agents to relatives or others that may be nominated as Executors by the deceased in the winding up of an estate by assisting a client with the death of a loved one.
Our services when attending to the administration of a deceased estate are broadly summarised in the following steps:
  • Reporting the Estate and appointment of the Executor
  • Publication of Notices to Creditors
  • Collecting information to prepare the Liquidation and Distribution Account (the “L&D Account”).
  • Preparing and filing the L&D Account;
  • Liquidating and Distributing the estate in terms of the L&D Account; and
  • Finalisation of the Deceased Estate.
Executor’s remuneration is determined by tariff in accordance with the Administration of Estates Act, and it is currently calculated at an amount equal to 3,5% VAT excl of the gross value of the assets at the date of death, together with an amount equal to 6% VAT excl of the revenue or income collected after date of death to date of distribution.

NOTARIAL SERVICES

The service of a Notary is commonly required in the field of Conveyancing, Marriage and the Authentication of documents.
We offer the following Notarial Services:
  • Antenuptial Contracts and Pre-Civil Union Contracts
  • Postnuptial Contracts
  • Notarial Cohabitation Agreements / Life Partnership Contracts
  • Notarial Servitudes and Bonds
  • Notarial Authentication and Attestation of documents for use abroad

WILLS & ESTATES PLANNING

 A Will grants an individual the power to determine what should happen to his or her estate in the event of death, together with choice as to who should be appointed as the executor to facilitate the administration process.
It is imperative, that every person has a valid Will to ensure that his or her estate devolves efficiently and cost effectively upon his or her chosen beneficiaries.
When attending to estate planning, the following factors should also be considered:
  • Liquidity of the Estate
  • Management of any assets to be awarded to minor beneficiaries
  • Appointment of guardians and trustees
  • Management and protection of business interests
  • Estate duty implications

EVICTIONS

The correct tenant eviction process needs to be followed in order for an eviction to be lawful. If the attempted eviction is done incorrectly, as per the Prevention of Illegal Eviction Act, then this will at the very least cause costly delays, and at worst the Landlord can be imprisoned.
The Prevention of Illegal Evictions from and Unlawful Occupation of Land Act, 19 of 1998, (the “PIE Act”) regulates the lawful eviction of unlawful occupiers. It is in terms of the PIE Act that a landlord is entitled to evict a tenant and to obtain a judgment to recover losses, damages and costs by approaching the court for relief.
The duration of the eviction process would depend on the circumstances of each case, including the following:
  • Will the matter be defended?
  • Were the correct procedures followed?
  • Is a proper Lease Agreement in place?

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TEL: +27 21 981 7230 | Address: 13 DANA STREET, BRACKENFELL, 7560


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