Property Law and Conveyancing
We are experienced in property law and we offer regular advice to clients relating to property, the contractual relationship between the various parties involved in property transactions and the like.
Conveyancing is a specialised branch of property law dealing with the preparation and registration of documents in the Deeds Registries, primarily for the transfer of immovable properties. Our firm attends to the transfer of immovable properties and other related conveyancing registrations throughout South Africa.
The services we offer include:
- General property advice
- Contracts of sale, donation and exchange
- Residential and commercial property transfers
- Private Mortgage Bonds
- Subdivisions and consolidations
- Establishment of Sectional Title Schemes
- Removal of restrictive conditions
- Notarial deeds, bonds and servitudes
We are committed to ensuring that our clients receive a quality professional service when entrusting us with their transfers and related transactions.
Under South African law, you can either get married in community of property, where no Antenuptial Contract is signed, or out of community of property, which requires the signing of an Antenuptial Contract prior to your marriage.
Spouses who are married in community of property to each other are regarded, in law, as one person, having one estate with joint assets and liabilities.
Spouses who are married out of community of property to each other are considered as two separate individuals, each having his/her own estate with his/her own assets and liabilities and thus safe from the others’ debts and creditors. Spouses electing to marry out of community of property must further decide whether they wish to include or exclude the accrual system. The accrual system is an agreement between the parties to share the combined profit/accrual made by them during their marriage. The accrual/profit due to each spouse is determined upon dissolution of the marriage (by death or divorce).
Contact us to discuss which marital regime will work for you and to get more information on the application of the accrual system.
We have extensive experience in preparation of Wills and providing general advice to clients relating to their estates.
Administration of Deceased Estates
We offer a comprehensive service of administering and winding up of deceased estates, from inception by the reporting of the estate to the Master of the High Court and obtaining letters of Executorship (or letters of Administration for small estates), to the consideration and payment of the claims of creditors and finally the payment and distribution to all beneficiaries.
We will also attend to any transfer of immovable property registered in the name of the deceased to the nominated heirs, or purchaser in the event of sale of the property by the estate.
Administration of Insolvent Deceased Estates
We offer a comprehensive service of administering and winding up of insolvent deceased estates, from inception all the way through to the consideration of and the payment of the claims of the secured creditors and the pro-rata claims of concurrent creditors of the estate.
Change of Marital Regime
Sometimes spouses may intend to get married to each other out of community of property but for some or other reason do not sign the agreement before their marriage or the contract is not registered timeously with the result that those spouses are married in community of property.
We are able to assist couples in bringing an application to the High Court for a change to their marital regime.
Curatorships / Curator Bonis / Administrator
We are experienced in obtaining the appointment of a curator or administrator for persons who are no longer capable of managing their own affairs.
Gavin Mostert is a Notary Public and is able to assist with authentication of documents, notarial certifications and preparation and witnessing of various notarial documents, including:
- The preparation and registration of Antenuptial Contracts, Powers of Attorney, Notarial bond, Usufructs, Rights of Habitatio and Servitudes in the Deeds Registry;
- The witnessing of and verifying the authenticity of signatures on documents for use internationally or within South Africa;
- Authenticating document copies for use internationally or within South Africa;
- Arranging the attachment of Apostille Certificates to our Notarial certifications for use internationally.