FAQs

Your Right to a Fair Trail includes the Right to be heard in a Court, whether or not you are legally represented. Therefore, you do not need to have an Attorney. However, representing yourself is not recommended as Litigation can get complicated.

The person responsible for the administration of your estate is called the executor. An executor is the person appointed by the Master of the High Court by way of Letters of Executorship to administer the estate of the deceased.
His role is to protect your assets, settle your debts, identify your heirs and distribute your assets in accordance to the provisions set out in your will.

What will happen to my assets if I do not have a will?
If you die without having made a will, your assets will be distributed according to the Intestate Succession Act 81 of 1987. This means your assets will be distributed among your family according to the terms of the Act and not according to your own wishes.

What are the implications if I draft my will without the assistance of an attorney?
If a will is poorly drafted or not properly executed, it may be unenforceable or legally invalid. This will result in the estate being administered as intestate in terms of the Intestate Succession Act 81 of 1987. It is far better to engage the service of an attorney to draft your will.

Conveyancing is the process of transferring the ownership of property from one person to another. Therefore under South African law, a conveyancer is a licensed and qualified professional who can:

• Provide information and advice about the sale or purchase of property in South Africa
• Prepare legal documentation for property transactions
• Represent either the vendor or buyer during the settlement process

A Notary Public is a specialist admitted attorney who is also admitted as a Notary Public and has specific powers to attest to certain acts of law. The office of a Notary is a highly respected office of trust. Notaries often attest to the authenticity of signatures and certify the authenticity of copies.

It ordinarily is a good idea to consult with a lawyer about major life events or changes, such as divorce. S/he keeps current with the laws in your state concerning marriage, divorce, marital property, child custody and visitation, and family support.