Administration of deceased estates : This entails the completion of all the estate reporting documents, obtaining the Letters of Executorship or Letters of Authority from the Master of the High Court. Thereafter the opening of the estate banking account and the publication of the advertisement to creditors in a local newspaper and in the Government Gazette. To follow would be the realisation of estate assets or the transfer of the assets in its existing form to the heirs whereafter the preparation of the Liquidation & Distribution account can be commenced with, for approval by the Master of the High Court. Additional matters entail the transfer of immovable property, vehicles and firearms to heirs or purchasers together with the finalization of tax matters.

The administration of insolvent deceased (section 34) estates: This procedure entails the same administration procedure as above but differs in certain aspects as all assets must be sold, the Insolvency Act applies in addition to the Administration of Estates Act and the Liquidation & Distribution account will reflect secured, preferent and concurrent dividends to creditors. Specific legal circumstances apply to the surviving spouse who was married in community of property to the deceased who we assist not to accept liability for the debts of the joint insolvent deceased estate. Section 34 of the Administration of Estates Act requires that the Liquidation & Distribution account must be confirmed by the Master of the High Court.

Estate planning & wills: Estate planning entails the anticipation of costs and taxes later and the institution of measures to meet these costs and/or to reduce/avoid taxes where possible. We recommend that wills be drafted in a simplistic manner and that complex issues be avoided where possible. We are prepared to draft wills at no cost subject to terms and conditions.

Liquidation, sequestration & rehabilitation: Liquidations refer to companies and juristic entities while sequestration refers to individuals. Liquidators are appointed in juristic entities and Trustees in sequestrations of individuals. We attend to creditors voluntary winding up at CIPC or liquidation applications to the High Court. With regards to individuals, we attend to compulsory or voluntary surrender high court applications. In addition, we attend to rehabilitation applications and assist insolvents to obtain credit even prior to rehabilitation.

Negotiations with creditors to reach amicable settlements to debt problems: We negotiate with banks, landlords and any other creditors to reach settlements in respect of any debt. These settlements may be on an agreed monthly payment basis or on a once-off full and final settlement basis. Our once-off full and final settlement offers are often motivated by providing the creditor with a calculation of an anticipated dividend in the event of liquidation/sequestration, as compared to the settlement offer.

Applications for the appointment of Curators or Administrators in terms of the Mental Health Care Act: We attend to applications to the High Court or the Master of the High Court in matters where, for example Alzheimer’s or dementia has resulted in an inability to legally and validly contract or a general power of attorney has expired. We also prepare an enduring power of attorney to enable the family of a prospective mental patient to save the costs of these applications.

Wills and Trusts

We attend to the drafting of free wills, estate planning and trust registration.

Estate administration

We attend to the administration of deceased estates, inclusive of insolvent deceased estates & obtain letters of authority in section 18(3) estates (estates under R250,000).

Debt solutions

We negotiate settlements with creditors, and attend to sequestrations, liquidations and rehabilitations.