We specialise in a select range of services orientated around life’s milestones.
As a bilingual practice, we are able to provide quality legal services to the Port Elizabeth area in both English and Afrikaans.
Find out more about Illona De Wit Attorneys here.
CONVEYANCING
: A conveyancer is an attorney who has specialised in the preparation of deeds and documents, which are by law able to be registered in a Deeds Registry.
The conveyancer is responsible for ensuring that the necessary financial arrangements have been made for the transaction he / she registers.
A conveyancer is an attorney who passed the national conveyancing examination and by law is the only person who can register fixed property transfers.
Our conveyancing services include:
- Private transfers
- Estate transfers / endorsements
- Negotiations, preparation and drafting of offers to purchase and sale agreements
- Freehold and sectional title property transfers
You need to supply the following documents in a property transaction:
- Original identity document of all parties.
- Original proof of address not older than three months.
- Original proof of your income tax number.
- Proof of your bank account details not older than three months.
The above is to comply with the Financial Intelligence Centre’s requirements.
A transfer transaction can take between six weeks and three months depending on the specific situation of each transaction. Normally estate transfers can take longer due to the consent required from the Master of the High Court in the sale of property from an Estate.
NOTARY
: A notary is an attorney admitted and authorised by the High Court of South Africa to witness signatures, draw and attest contracts and statements and authenticate the validity of certain documents.
Certain documents are required by law to be notarial executed, in which case a notary public must draft the document which is then signed and witnessed in the presence of the notary public.
These documents, known as notarial deeds include: antenuptial contracts, deeds of servitudes or deeds of cession of a usufruct.
Our document certification services include:
- Arranging Apostille Certificates and authenticating copies of documents.
When a person would like to use a public document executed within the Republic of South Africa abroad, the document must be legalised and affixed with either an Apostille Certificate or a Certificate of Authentication.
To decide which certificate is required you must determine whether the country in question is a party to the 1961 Convention Abolishing the Requirement of Legalisation for Foreign Public Documents generally known as the ‘Hague Convention’.
As a Notary Public we can certify a range of legal documents, including:
- Marriage Certificates
- Birth Certificates
- Death Certificates
- Divorce Certificates
- Powers of Attorney
- Copies of ID’s or Passports
You need to supply the following documents to have them certify or Apostille them:
- Original document.
ESTATE ADMINISTRATION
The goal is to ensure an orderly winding up of the financial affairs of the deceased, and the protection of the interest of the heirs.
Our estate administration services include:
- Administrative management of deceased estates
- Drafting of wills and the reporting of estates
The following documents are required to report an Estate with the Master of the High Court:
- A certified copy of the Identity document of the to be appointed executor
- Original Identity document of deceased
- Original Death Certificate
- Marriage certificate of deceased, if applicable
- Decree of divorce incorporating the deed of settlement, if applicable
- Full name of children of the deceased and their date of birth
- A copy of the Antenuptial contract, if applicable
- Valuation certificate of any immovable property owned by the deceased as at date of death
- Details of the bank accounts of the deceased, if available
- Details of any predeceased spouse and where their estate has been reported, if available
- Full names of the deceased’s parents
- Original latest will
If there is no will in the estate, the matter will be reported under the Intestate Succession Act.
ANTENUPTIAL CONTRACTS
: Antenuptial contracts regulate the terms and conditions between prospective spouses. The decision to marry with a contract or just plainly in community of property will determines who gets what if the marriage is terminated by divorce or death.
Our matrimonial law services include:
- Explanation and advice to couples regarding matrimonial systems
There are three types of matrimonial property regimes in South Africa; namely, marriage in community of property; marriage out of community of property with the accrual; and marriage out of community of property without the accrual. These regimes are governed in terms of the Matrimonial Property Act 88 of 1984.
N Williams for probono.org.za
- Preparation, drafting and registration of Antenuptial contracts (ANC)
…the happy couple should conclude an ANC prior to the date of marriage. Where the marriage happens on the same day that the ANC is executed, then the Notary must disclose both the date and the time of execution of the ANC in order to verify that the ANC was, in fact, executed prior to the actual wedding/marriage.
S Benater for Go Legal
Furthermore, according to Section 87 of the Deed Registry Act (DRA) 47 of 1937 (as amended), an ANC is required to be registered in the deeds registry within three months of the date of its execution.
…“To give great client service, create a great client relationship.” This is excellent advice. But I think if you want to create a great relationship, you must provide great service.
D. Kempston on That’s Why They Call It Practicing Law