A Conveyancer is a practicing attorney who has studied further to specialize in the area of property law, passed the conveyancing examination and admitted to practice by the High Court as a Conveyancer. Not all attorneys are qualified to practice as a Conveyancer. The Conveyancer is responsible for ensuring the conditions of the Purchase and Sale agreement are complied with, securing the purchase price on behalf of the seller as well as for correctness and accuracy of all the document registered at the Deeds Office.
We provide expert advice and services in respect of drafting Wills, Estate Planning and Trusts and winding up of Estate.
To ensure your Estate devolves upon your heirs with minimum delay and anxiety, efficiently and cost effectively it is necessary that you draw a valid Will assisted by a qualified professional.
All persons 16 years and older are competent to draw up a Will providing he or she is mentally capable of understanding that he or she is drawing up a Will and appreciates the consequence of his or her actions at the time of making the Will.
In the event of the Testator wanting to leave his or her Estate to a minor or would prefer his or her Estate to be administered by a professional person this can be provided for in the Will so the Trust is formed on the death of the deceased. The administrator of the Trust invests the Trust assets for the benefit of the beneficiaries and pay for their daily living expenses, education and so forth. The capital will be paid to the beneficiaries at the age you stipulate in the Will.
A living Will is a separate document which contains instructions as to your desired medical treatment in the event of terminal illness where it is not possible for you to make a decision for yourself. In essence the purpose of a living Will is to prevent a person being kept alive artificially where there is no possible chance of recovery.
Commercial law provides the rules that merchants and others involved in commerce must follow as they conduct business amongst themselves and with consumers. It governs the sales of goods and services, negotiable instruments, security interests, leases, principal and agent relationships, contracts of carriage, and much more. In a broad sense, commercial law also encompasses related issues like business bankruptcy and tax planning.
Elements of a Contract
The ability to form contracts represents the foundation of modern commercial law. Without contracts, sellers and buyers would be unable to enter into transactions, as they would have no guarantee that the other side will honor its half of the bargain. That is not to say that contracts are based on the goodwill or trustworthiness of parties in the marketplace. Rather, contracts are based on a system of rules for forming agreements that, if followed, allows parties to rest assured that the terms of their agreements will be enforced by the legal system if necessary.
An antenuptial contract is an essential document that under South African law determines whether your marriage will exist in community of property or out of community of property with or without the accrual system.
Marriage out of community of property with accrual:
The accrual system is a form of sharing of the assets that are built up during the marriage. Each party is entitled to exclude the asset value that he or she brought into the marriage and then they share what they have built up together. Inheritances, legacies or donations that either spouse has received during the marriage is excluded from the accrual.
Both spouses have full and independent contractual capacity if one spouse becomes insolvent the other spouses assets cannot be sold to pay the others creditors