Legal Services For Expats
Key Takeaways:
Expat services offer tailored solutions for individuals living outside of South Africa.
Addressing legal, financial, and lifestyle needs, these services streamline the expatriate experience.
Professional assistance ensures a smooth transition and comprehensive support for expats navigating foreign environments.
Find a local legal practice you can trust
Everyone has a cousin in Australia! Something we have said in jest before. But the truth is, immigration is a topic of conversation which has become commonplace nowadays - “when are you planning on leaving the country?” asked by every parent, aunt, uncle and well-meaning friend of a friend. It is safe to say that we have all had this type of conversation at one point or another over the years.
The thought of immigrating may send shivers up and down your spine but moving abroad, living amongst diverse cultures, immersing yourself in your new home’s customs (even if you still have a braai every now and again) and exploring the world is an extremely exciting (but daunting) adventure. And whilst you plan your move, or have settled into your new country, it is important to keep in mind this commonly accepted fact - we live in an increasingly interconnected world – facetiming with loved ones overseas and staying connected with family back home has never been easier.
But while our lives, work and relationships may cross borders with ease, moving through them, whilst still keeping a tether connected to South Africa (especially where legal issues are concerned) tends to be more challenging.
Why?
Well, each country maintains their own set of rules, regulations and laws. Naturally. At the same time, there may be an overlap and agreements between many nations in terms of legislation. It is a little confusing because not everything is streamlined, leaving many of us with a host of legal questions and conundrums. Least of which is – how can I still manage matters or assets back home whilst I am abroad? Does South African Law still apply or do the laws of my new host country apply? It can leave anyone in a bit of a tailspin.
You may find yourself needing a South African police clearance certificate for a foreign job application or you may find yourself in the position of needing advice on how to administer a deceased estate of a family member in South Africa – a complex and complicated task under normal circumstances. But when you are far from home, it can add a whole other layer of complexity to the mix.
That said, fret not. Regardless of the size and complexity of the task, Benaters are here to guide you through all the processes doing our utmost to ensure that you always avoid common pitfalls. Remember – we have your back!
If you are a South African residing in a foreign country and need advice on an issue related to a legal matter within South Africa, look no further. Benaters is a boutique law firm offering trusted legal advice and one on one consulting with care and personal attention.
Living and working in a foreign country is an exciting (but daunting) adventure. With the opportunity to meet new people and have exposure to new cultures and different environments, it is an opportunity that should not be missed.
However, with all the excitement and pending adventure, we wouldn’t blame you if the complexities around actually moving slip your mind – the simple administrative issues and legal documents required by a foreign country alone can make the mind boggle.
And then there are issues at home that may still require your attention – how do you live and work abroad but manage legal issues in South Africa?
It may seem overwhelming. You may find the need to take a few deep breaths. But we can assure you that whatever task may lie ahead of you – whether it is requiring documents to be notarised, needing assistance with the administration of a deceased estate or simply requiring a police clearance certificate – Benaters are here to help you. This should not be an overwhelming exercise – especially if you have the right guidance.
Consult with a trusted legal expert
As a South African living in a foreign country, you may be familiar with basic legal requirements and processes, whilst others will seem completely obscure. Let’s face it, if you are not a practising attorney yourself, dabbling in law and trying to understand a legal situation can only make matters that much more complex. But there is no need to struggle on your own, we can help guide you through complex legal processes, get documents apostille or notarised, support you with issues around a deceased estate and we can even advise you on what marital regime will best suit you (especially if you are moving abroad).
Need a will? Need a foreign will? We can help you there too. Have a property that needs to be transferred – again we got you!
If you are a South African living in Austria and you need legal advice, our South African team, based in Gauteng, are happy to assist you and support you with any of the following:
Wills, Trusts & Deceased Estates
Have you find yourself in the position of being an heir to an estate that’s in South Africa whilst you are overseas? Perhaps this estate in South Africa is being administered by a foreigner? Or maybe you have questions about the Administration of a Non-Resident Deceased Estate with Assets in South Africa? Matters you have zero knowledge of and are finding yourself sinking in all the information you have found online. It’s not only intimidating but makes you fear you will mess up (big time) if left to your own devices.
At Benaters, we know and sympathise with the fact that one day, we will all have to face the passing away of a loved one. Something that leaves families (and friends) in pieces. Not knowing which way to turn first.
Our mission is therefore to ensure that your estate is perfectly set up long before you shuffle off your mortal coil. In this regard, we believe that we possess the care, sensitivity, knowledge and experience to assist you to architect an estate plan that suits your individual needs and protects your assets. We are able to guide you throughout the process of planning your estate, starting with the drafting of your will, registering a trust (if needed) and then ultimately administrating the estate in the best and most ethically means possible, both from a tax (with specific reference to Estate Duty) and winding up perspective.
Property + Conveyancing
Are you in the process of buying or selling a home? Perhaps it is your business that is trying to acquire an office? Perhaps you are a property developer looking for a firm to work together with in your various property acquisitions. Whatever the situation, the ins and outs of property transfers can be confusing.
Even if you are knowledgeable in the area of property law. There are so many pitfalls that can not only cost you a lot of money but also valuable time. And no one has time or money to waste when the buying or selling of property is one of the biggest financial commitments most of us will ever make.
It is therefore crucial that a reliable and trustworthy conveyancer is chosen carefully in order to ensure that the transfer of ownership is carried out smoothly and efficiently. Briefly, conveyancing relates to the legal process that transfers ownership of the home from the seller to the buyer. The conveyancer attends to the process of actually transferring legal ownership of fixed property from one person (or a company or trust) to another.
This involves (amongst other things), ensuring the deed of sale meets all the legal requirements, including requesting and collecting supporting information (such as the mortgage bond, cancellation figures, title deeds, compliance certificates, and the amounts from the municipality for a rates clearance certificate). The conveyancer is also tasked with drafting all the necessary documentation.
Notary + Apostille Services
Are you planning to work or study overseas? If you are on this page, the answer most likely is a resounding “yes”. In that case you will already know that the country where you plan to move will specify what documents are to be included in their respective VISA applications. And most (if not all) of these documents that are going to be used for official purposes outside of South Africa will need to be legalised.
Different procedures are followed depending on the type of document that is being authenticated and the country which it is going to. This is referred to as legalising a document. Legalising a document means that official (public) documents executed within South Africa for use outside of South Africa are affixed, sealed and signed either with an Apostille Certificate (if the destination country is a signatory of the Hague Convention), or with a Certificate of Authentication (if the destination country is not a signatory of the Hague Convention).
And this entire process starts with the services of a Notary.
At Benaters we pride ourselves on the fact that we are able to offer the specialist niche service that is notarising. A Notary is a practicing and admitted attorney that has passed an additional practical examination in respect of the practice, functions and duties of a Notary. This extra examination gives Notaries a further qualification, which bestows upon them statutory powers to witness documents and signatures, draw and attest to contracts and statements, authenticate the validity of certain documents, administer oaths, and perform other wide-ranging administrative functions of a national and international nature.
Due to the ethical nature of the services which Notaries render, and the specialist knowledge required to draft and/or legalise certain documents, the office of a Notary is considered to be held to a higher standard of care than a “run-of-the-mill” attorney. Although there are a wide variety of documents that can (and must) be notarised by a Notary, the most common documents include (but are not limited to) marriage, divorce, birth and death certificates, letters of no impediment, police clearance certificates and powers of attorney (to name but a few).
Supported Countries
Austria
Australia
Belgium
Botswana
Brazil
Canada
France
Greece
Germany
India
Italy
Namibia
Netherlands
New Zealand
Philippines
Portugal
Singapore
Spain
United Kingdom