LEGAL SERVICES

We are able to provide a very personal and efficient service in the preparation of transfer documents, and are in a position to assist clients with the drawing up of Deeds of Sale, Leases Private Mortgage Bonds Ante-Nuptial Contracts and other documents relating to property.

The recommended conveyancing tariff has recently been amended and can be found on the following link to costs calculator.

PERSONAL AFFAIRS ADMINISTRATION

I have found that, in having dealt with the elderly for most of my time in legal practice, as people age, so their need for informal administration of their affairs increases.

In this day and age, where the elderly often find their children are living in other parts of the world, they find it useful to have an informal administrator of their personal and financial affairs in the absence of their children.

I offer a service called Personal Affairs Administration whereby I take over, on an informal basis, the financial and administrative functions required by elderly or disabled persons.

This would include, inter alia, attending to payment of accounts, payment of rental or levies, collection of amounts owing, registration for and attending to income tax affairs, liaising with investment advisors pertaining to investments etc.

NOTARY PUBLIC SERVICES
POWERS OF ATTORNEY

I believe that it is useful, if not essential, for spouses who have General Powers of Attorney in place, usually the one in favour of the other, to cater for unforeseen inability to attend to their own affairs.

It is reasonably straight-forward to draw up a General Power of Attorney, or even a Special Power of Attorney pertaining to special acts, and I offer this service at a moderate fee.

COMMERCIAL CONTRACTS

I offer the service of drafting and negotiating a wide range of commercial contracts including, inter alia, Shareholders AgreementsSaleAgreements, Lease Agreements, various Farming AgreementsBuy/Sell Agreements and Loan Agreements.

COMMERCIAL CONTRACTS
ANTENUPTIAL CONTRACTS

1. In terms of South African Law, there are two types of marriages, namely:

1.1. A Marriage In Community of Property; and
1.2. A Marriage Out of Community of Property – with the Accrual or excluding the Accrual system.

2. A Marriage In Community of Property2.1. If you do not sign an Antenuptial Contract, then your marriage will automatically be In Community of Property.
2.2. When parties are married In Community of Property, their respective estates forms part of a joint estate, consisting of all their assets and liabilities.
2.3. The greatest disadvantage with this type of marriage regime is the lack of creditor protection.

3. A marriage Out of Community of Property excluding the Accrual3.1. By signing an Antenuptial Contract, the parties ensure that they are not married In Community of Property.
3.2. When parties are married Out of Community of Property excluding the Accrual, each spouse retains their separate ownership of their assets, and each spouse is liable for their own debts.
3.3. Upon termination of the marriage, whether, by death or divorce, each spouse retains their respective assets.
3.4. Whilst this marriage regime offers creditor protection, it does not account for the non-monetary contributions made by each spouse during the marriage.

4. A marriage Out of Community of Property including the Accrual
4.1. The Accrual system applies automatically to all Out of Community of Property marriages unless specifically excluded.
4.2. Upon termination of the marriage, whether by death or divorce, the Accrual system recognises the monetary and non-monetary contributions made by both spouses during the marriage.

At A G Jenkins Attorneys, we will assist you in selecting which Matrimonial Property regime is best suited to you, we will draft the Antenuptial Contract and supporting documents, and our in-house Notary Public will execute the document for you upon signature thereof. We will then attend to lodge the document in the Deeds Office for Registration thereof. We will also provide you with a letter for your marriage officer confirming your choice of matrimonial system. Our all-inclusive fees and disbursement will amount to R3 200 incl VAT.

We invite you to contact Caitlin Askew or Lorna Govender to find out more on how you can protect your financial future and that of your spouse, with an Antenuptial Contract.

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