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SAME-SEX COUPLES

DID YOU KNOW: Should you NOT enter into an Antenuptial Agreement you will by default be married IN community of property.

Same-sex couples enter into a marriage in terms of the Civil Union Act 17 of 2006, and you have a choice to either be a SPOUSE IN A MARRIAGE or a PARTNER IN A CIVIL PARTNERSHIP.

We attend to the following:

  1. The drafting of your antenuptial agreement.
  2. The notarization of your agreement by a notary public.
  3. The registration of your agreement in the deeds office.

We will be honoured to attend to your Antenuptial Agreement.

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CONVEYANCING: PAYMENTS BY THE PURCHASER OF THE PROPERTY

Do you know which payments the PURCHASER is responsible for?  

The Purchaser is responsible to pay:

  1. Transfer duties to SARS.
  2. Deeds office registration fees.
  3. Transfer attorney fees to register the deed of transfer.
  4. Bond registration attorney fees for the registration of the bond.

You always have the freedom to choose your own transferring attorney.

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CONVEYANCING: PAYMENTS BY THE SELLER OF THE PROPERTY

DO YOU KNOW WHICH PAYMENTS THE SELLER IS RESPONSIBLE FOR?

The Seller is responsible to pay:

  1. Estate Agent commission.
  2. The cancellation attorney’s fee in order to cancel an existing bond.
  3. Rates and taxes to the municipality.
  4. Levies to the home owners association or the body corporate.

You always have the freedom to choose your own transferring attorney.

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POWER OF ATTORNEY

What is the difference between a Special Power of Attorney and a General Power of Attorney?

SPECIAL POWER OF ATTORNEY

  • Relates to specific matters and / or acts which the grantor has a need for to be managed on his / her behalf.
  • Grant specific powers to the grantee in order to fulfil the wishes of the grantee.
  • Can be granted when the grantor travel overseas.
  • Used by attorneys in order to administer deceased estates where the Executor is not the attorney.

GENERAL POWER OF ATTORNEY

  • Relates to all matters of the grantors life and / or specific life decisions to be made on his / her behalf.
  • Most often granted when the grantor is too frail to physically sign documents.
  • Required to be registered in the deeds office to enable the grantee to deal with the property of the grantor.

DID YOU KNOW?

A Power of Attorney is only valid in South Africa when the individual (the grantor) is still compos mentis (having full control of one’s mind).

Should the person not be compos mentis, a curator will have to be appointed in order to manage the affairs and estate of the individual.