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)

Drafting a Will

Our Constitution (at Section 25 of the Constitution) gives us all what is known as “freedom of testation”.  It grants a testator extensive power to draft a will which directs how his or her estate’s assets must be distributed upon death.

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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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