Incisive Legal Insights

Incisive Legal Insights

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Deceased Estates and Wills Shaun Benater (Attorney & Notary Public) Deceased Estates and Wills Shaun Benater (Attorney & Notary Public)

Contesting a Will

Contesting a will essentially refers to raising a formal objection against the validity of a will, based on the contention that the will does not reflect the actual, true intent of the testator. A will may be challenged or contested in its entirety or in part.

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Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer) Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer)

Sectional Title

A sectional title consists of a part of a building or a separate building on a piece of land that has been converted into a sectional title scheme by means of the Sectional Titles Act No 95 of 1986.

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Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer) Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer)

Subdivisions

Subdividing is the process by which one property is divided into two or more portions. So sub-divided. When someone buys a portion of a subdivided property, it is exactly the same as buying any other vacant land (or erf).

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Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer) Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer)

Half-Share Transfers

There are often times a need to change, cancel or undo the common practice of co-ownership or owning immovable property jointly (co-ownership and joint ownership mean the same thing and are used interchangeably).

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Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer) Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer)

Endorsements

Sometimes certain restrictions are placed on a property. These are known as endorsements. An endorsement can be a mortgage bond, mineral rights, interdicts (caveat or attachment) and section 25 real rights to extend.

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Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer) Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer)

Divorce Transfer

Conveyancing relates to the legal process that transfers ownership of the home from the seller to the buyer. The conveyancer (who is an attorney) is usually appointed by the seller, but paid for by the buyer (the fact that the fees are normally covered by the buyer is simply a rule of thumb.

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Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer) Property and Conveyancing Roxanne Benater (Attorney, Notary Public & Conveyancer)

Deeds Office

The Deeds Office is responsible for the registration, management and maintenance of the property registry in South Africa. Upon completing the transfer of your property (which is, of course, handled by a conveyancer), the Registrar of Deeds will sign the title deed indicating that you are officially the owner of the property.

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