THE RECOGNITION OF CUSTOMARY MARRIAGES ACT 120 OF 1998 – hereinafter referred to as “the Act”, came into effect on 15 November 2000. Reference to Customary marriages in this article, will bear reference only to marriages entered into after the commencement of the Act.
What we do
Engelbrecht Attorneys in Pretoria East, specialize in conveyancing of property, deceased estate administration, prenuptial agreements, the drafting of wills and the registration of trusts and companies.
As trusted Pretoria attorneys, we offer specialized legal service to the public, keeping the service personal, yet professional. We are committed to service excellence and believe in the quality legal advice and services we render.
Transfer of properties by a Conveyancer
What you need to know about Conveyancing with a Transfer of Property
Most properties are sold in the current market by way of Private Treaty. The sale usually takes place between private individuals or can be facilitated with the help of an estate agent. The applicable commission is due to an agent, who facilitates the sale.
The Seller has the right to choose who the Transfer Attorney (Conveyancer) is. Should the Seller not have his own Attorney, the agent will usually appoint an Attorney to effect the transfer of the property into the name of the Purchaser.
The Transfer Attorney proceeds with the transfer, once the Purchaser’s bond has been approved, alternatively the purchase price has been paid in cash
- File is opened; request for FICA documents (Identification documents, proof of address, income tax numbers, marriage certificate, Ante nuptial Contract) is requested from both Purchaser and Seller. (refer to the read more tab for more information regarding documents needed from the various entities involved with a transfer);
- Cancellation figures are requested, should the property be bonded;
- Guarantees are requested from the Bond Attorneys, which will be utilized for the cancellation of the bond;
- Application for Rates Clearance Figures, Levy Figures or Home Owners Association Figures are applied for;
- Documents are drafted for signature by both Seller and Purchaser;
- Payment is made to SARS for Transfer Duty (thresholds are applicable as indicated by the Minister from time to time);
- Payment is made to Local Municipality and Managing agent;
- Transaction is prepared for lodgment and take between 5-10 working days to register.
Engelbrecht Attorneys Conveyancing Services
We assist both private individuals, as well as estate agents in the transfer of properties.
Benefits of utilizing the services of Engelbrecht Attorneys:
- Download a free Offer to Purchase
- We negotiate the terms and conditions of the Offer to Purchase on behalf of the parties;
- We supply a quotation to the Purchaser for the transfer of the property and supply an estimation of the costs involved in bond registrations;
- Should the Purchaser need assistance in obtaining a bond, we assist in this department as well.
We always strive to be better conveyancers. Avoid the legal minefield and get a quote from a Pretoria conveyancer you can trust.
We supply a free quotation – email your name, as well as the Purchase price to email@example.com
Deceased Estate Administration
For detailed information and a telephonic consultation, phone For detailed information and a telephonic consultation, phone Nicolene Engelbrecht on 072 3916 749 or email her at firstname.lastname@example.org
Deceased Estate Administration Process:
- From reporting the estate to finalization, the estate process takes approximately 4-6 months.
- The estate is reported to the Master of the High Court, who will in turn issue a Letter of Executorship, or Letter of Authority, depending on the gross value of the estate;
- Once in possession of the Letter of Executorship, the reporting process to all relevant institutions will commence;
- At this stage the Section 29 advertisement in the local newspaper, as well as the Government Gazette will be placed, which affords creditors the opportunity to lodge their claims against the estate, within a period of 30 days;
- After expiration of the 30 days and having received all claims against and in favour of the estate, then only, can the Liquidation and Distribution account be drafted;
- Once drafted, the Liquidation and Distribution account will be lodged at the Masters Office, where an examiner will examine the Liquidation & Distribution account. The examiner will then issue a query sheet, confirming that the second advertisement, the section 35 advertisement may be placed;
- The section 35 advertisement is then placed, in the local newspaper and Government Gazette, where all interested parties will be afforded the opportunity to inspect the L&D account and to lodge a complaint, if applicable;
- The Master will then give instructions to the executor to distribute the assets. The assets will be distributed amongst the heirs and the liabilities paid in terms of section 35(12);
- The necessary proof will be sent to the Master, where after a filing notice will be issued, confirming that the estate has been finalized.
The normal fee for the administration of a deceased estate amounts to 3.5% of the gross value of the estate, as well as at 14% thereon. The total administration fee amounts to 3.99% on the gross value of the estate.
We believe in negotiating administration costs;We supply a free quotation on the admiration costs, as well as the transfer of properties in the estate;Why we are the preferred administrator – we supply both services (administration of the estate, as well as the transfer of properties)
Engelbrecht Attorneys specialize in drawing up detailed marriage contracts between you and your partner when you decide to tie-the-knot. Engelbrecht Attorneys specialize in drawing up detailed marriage contracts between you and your partner when you decide to tie-the-knot.
Cost For Marriage Contracts Pretoria:
R2500-00 – includes the consultation (competent legal advice), drafting, lodgment, Ante Nuptial contract registration and delivery from our offices in Pretoria East.
- Proof of Identity for both parties;
- Completion of the information sheet;
- Proof of payment, as requested in quotation
Assets: Anything of value owned by a person for example a house, a car, pension money etc.
Liability: Any debt incurred for example a mortgage bond, a motor vehicle bond, a credit card
Estate: Every person has an estate, no matter how big or how small. Your estate consists of the value of any assets you own minus the value of the liabilities or debts you have. For example; you have R20 000.00 worth of savings and a car with the value of R200 000.00, but you have R5000.00 worth of credit card debt and a bond repayment of R150 000.00 on your car. The value of your estate will be calculated as follows : R20 000 + R200 000 = R220 000 Minus (R5000 + R150 000) = R155 000 R65 000 The marriage will be dissolved by the death of one/both spouses or by a divorce.
Types of Marriage Contracts in South Africa
There are basically three types of marriages in South African Family Law today:
- Marriage in Community of Property = one communal estate, liable for each other’s debt. (this is excluded from the discussion. A marriage in community of property automatically takes place, in the absence of a registered Marriage Contract (ANC);
- Marriage out of Community of Property without the Accrual = no profit or loss, without the concept of sharing;
- Marriage Out of Community of Property with the Accrual = no profit or loss, with the concept of sharing
Changes to Matrimonial Property System
Couples married in community of property sometimes want to change their marital regime from in community to out of community.An application is brought to court in the applicable format.
Change Of Matrimonial Property Regime
South African law deems a couple as being married in community of property, if the couple did not execute an ante nuptial contract prior to their marriage. More couples are realizing that a marriage in community of property holds few benefits, as the risk and exposure financially or in the event of insolvency of one party, affects both parties to a marriage in community of property.
Does our law permit a couple to change their matrimonial property system?
Indeed, even though the procedure is not as quick and easy as the registration of an ante nuptial contract, it is still possible and remains a good choice for couples married in community of property.
A Postnuptial Contract can be registered in terms of Section 21(1) of the Matrimonial Property Act. This application is brought by one of the parties, with the assistance of the other spouse. The application has to be brought before court, which will give an order for the registration of a postnuptial contract. After the order is granted, the parties will sign a postnuptial contract which will be registered in the Deeds Office. The postnuptial contract can then be concluded as out of community of property, with or without the accrual.
Why must the application be brought before court?
- The High Court deals with the change in status of parties (from being married in community to being married out of community);
- A couple married in community of property has a communal estate, meaning that all the assets and liabilities form part of the communal estate;
- When the couple decides to change their matrimonial property regime, the creditors might be prejudiced by the change in the matrimonial property regime;
- It is also important to note that both spouses must consent to the change, neither of the spouses must be insolvent or have sequestration proceedings, or judgments against them, as the creditors (who are notified of the change in marital regime) might oppose the application in court.
Costs involved in the application process and registration of a postnuptial contract:
The only difference between the registration of an ante nuptial contract and a postnuptial contract lies in the application to court, which can be costly.
Our costs are as follows:
|Taking instructions, first consultation, drafting of the Founding Affidavit, Supporting Affidavit, Notice of Motion, drafting letters to creditors, Drafting of Advertisements and placement thereof, instructions to advocate in the form of a brief , including delivery of brief to advocate.||R7,500.00|
|Attendance to Court to obtain a case number and court date and subsequent lodgment of Documents at the Deeds Office for obtaining the deeds office report, cost involved||R550.00|
|Delivery of Court documents at the Deeds Office for obtaining the report, lodgment of court documents, collection thereof and deeds offices fee in obtaining the report||R1,200.00|
|Provision for S.21(1) Advertisements: Local Newspaper, as well as advertisement in the Government Gazette||R3,000.00|
|Sending copy of the advertisement in the Local Newspaper, as well a Government Gazette to each and every creditor by registered mail||R1,500.00|
|Advocate’s Fee for application at Court||R950.00|
|Drafting of Antenuptial Contract, attending to execution thereof before Notary Public, and attending to registration thereof in the Deeds Registry||R2,050.00|
|Deeds Office fee||R280.00|
|General Postage and Petties||R520.00|
Please note that the costs may escalate in the event that the application is opposed.
Should the parties be the registered owners of immovable property, the title deeds have to be endorsed in terms of section 45bis. These costs can only be determined in accordance with the value of the property, which costs are not included in the above fee table.
Kindly contact us to obtain more information about the above application and to set up a consultation.
Engelbrecht Attorneys is one of the most trusted Divorce Attorneys in Pretoria.
The decision of permanent separation from your spouse or partner is never pleasant when you have to think about difficulties such as:
You have to move to a new home.
Who the children will be residing with.
What contact rights with the children entail.
Divorce Lawyers in Pretoria
With Engelbrecht Attorneys in Pretoria on your side, we will help you get the best suitable divorce settlement for you during the divorce process to secure your future after the legal separation.
Get in contact with the Pretoria divorce attorneys you can trust with your future today still or complete the form and we will get in touch as soon as possible!
Request a quote from email@example.com
Divorce Process In South Africa
A divorce matter can either be heard in the Regional Court of the Magistrates Court having jurisdiction in the matter, alternatively the High Court. Most divorces are lodged at the High Court, the problem with this lies therein that an opposed divorce can take between 2-3 years to finalize.
A summons is issued at the Court having jurisdiction. Jurisdiction is determined by the following factors:
- The area in which the parties were domiciled on date of issuing of the summons;
- The parties have to be ordinarily resident in the jurisdiction of the said court, meaning that they have to stay in the jurisdiction area for at least one year prior to the date of issuing of summons.
Two Different Types Of Divorces
1. Contested (opposed):
When a divorce is opposed, the parties don’t agree on the terms and conditions of the separation or dissolution of the marriage. An opposed divorce is a lengthy and expensive process, which can take up to 3 years to finalize. The emotional burden is also evident in divorce matters which are opposed.
2. Uncontested (Unopposed)
This type of divorce is the best way and most cost effective. The parties agree on the terms and conditions of the divorce settlement. The terms and condition of the separation is included in the settlement agreement, which is signed by both parties. The settlement agreement is the made an order of court and the estates are divided in terms of the settlement agreement. This type of divorce can take between 2-4 months.
When Children Are Involved
When parties to divorce proceeding decide not to oppose the divorce proceeding, the process is quite simple. A settlement agreement and parenting plan are entered into, prior to the divorce.
The settlement agreement and parenting plan will accompany the summons, which will be issued at court and delivered to the sheriff to be served upon the Defendant. The Settlement Agreement however needs to be approved by the Family Advocate, before the divorce order will be issued by the Court.
The Division of the Estate
When parties own immovable property in equal shares and when the divorce is unopposed then the parties will agree to either sell or have the property transferred into one party’s name. The parties can decide to either put the immovable property up for sale as soon as the divorce proceedings commence, alternatively, after the divorce order has been granted.
The parties need to be wary of the fact that alternative accommodation needs to be acquired. Finances have to be checked, to ascertain that both parties will have the necessary finances to obtain new accommodation. In this instance it is advisable to appoint a Divorce Attorney to deal with the transfer as well, as the Transfer Attorney will have the necessary history of the parties and will be in a position to better advice the parties of the uncertainties, regarding finances.
What Happens After Divorce Regarding The Division Of Liquid Assets?
The Divorce Attorney will obtain the divorce order, as well as settlement agreement, which will accompany the necessary correspondence to each institution where liquid assets (investments, policies etc) are held. The institution will then supply a form to be completed. Once received the funds can be paid, this process takes up to three weeks after date of divorce.
Important notes to remember:
South Africa has a ‘no fault’ divorce system: if one of the parties believes that the marriage has broken down irretrievably, then the other party’s consent is not needed for the divorce order to be granted by the court.
Wills & Trusts
Why is a valid will important?
It stipulates how your assets, accumulated during your lifetime, will be divided;
It is an important estate planning tool;
Should you not have a will, then you estate will be administered under the Intestate Succession Act
Your estate refers to everything you own from immoveable property, such as your house, movable property, such as your car and furniture and claims in favour of your estate, such as investments, policies and bank accounts.
The appointment of an Executor
An Executor must be appointed in your will. The Executor will ensure that your will is carried out, as stipulated and that all requirements have been met in terms of the Estate Act. An Executor can be your husband or wife, children or even family friend. It is however important to note that aforementioned Executors, should they not be familiar with the estate administration process, will not be able to wind up the estate. A professional person will have to be appointed, who specializes in estate administration.
Why is an Attorney the best option when administering a Deceased Estate:
An attorney, who is also qualified as a Conveyancer, will be able to assist in the transfer of immovable property in the estate. This type of work therefore need not be subcontracted and can be done in-house. This is an advantage, as the administration process is shortened and the client contacts the attorney directly for all estate questions.
An Attorney who is also familiar with the court system can anticipate litigation in an estate and advise the Executor on a way forward.
Testamentary Trusts (Trust Mortis Causa)
A Trust can be established in your will, in order for the Trustees of the Trust administer estate assets on behalf the nominated beneficiaries. Some reasons why client prefer to establish a testamentary trust in their will:
To make provision for maintenance of any minor beneficiaries.
To ensure that minor’s inheritance’s is secured until a certain age, as stipulated in the will.
Cost & Procedure for drafting of a simple will:
Complete and return the application form, together with proof of payment, use your surname as reference.
We will draft your last will and testament; send the draft to you for approval, after approval the original will be sent to your preferred address.
Registration of Companies
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