DECEASED AND INSOLVENT ESTATES:

 We provide the following services to clients: 

 

·        Drafting of Wills and Living Wills. 

 

·        Drafting of Trusts. 

 

·        Winding up of deceased estates. Wills are often drafted by attorneys with the provision that they will act as executor of the deceased estate due to the fact that they dispose of the necessary knowledge and skill for the proper winding up of the deceased estate, including the reporting of the estate at the correct Master’s office, the drafting of the liquidation and distribution accounts and estate duty addendums and payments to beneficiaries. Approaching the Master’s office can be a daunting task for any person, especially a person that has just suffered the loss of a loved one, as there are numerous divisions to navigate and due to the numerous and difficult requirements that must be adhered to with the winding up of a deceased estate. We have capable staff that are able to effectively deal with all of these aspects. It is therefore important to nominate an attorney as executor in your will so that your loved ones can be properly assisted with the task ahead of them. 

 

·        Assisting clients with voluntary or forced sequestration applications. Clients often find themselves unable to manage all of their debts and with the noose tightening, voluntary sequestration can provide an effective remedy. This process provides for an application, which is to be drafted by an attorney, to the High Court for a Curator to take control of all of your assets and to divide it between all of your creditors in a specific order provided for by law. In effect, all of your debts will be liquidated but you will be unable to apply for any type of credit for a substantial period of time. Likewise, there are instances where creditors can apply for the sequestration of a debtor if the said debtor is unable to liquidate the debt. We aim to provide clients with the proper advice and assistance with these procedures in order to ascertain which procedure is best suited to their individual needs. 

 

·        Rehabilitation applications. After a debtor has remained sequestrated for the entire period as stipulated in the court order that was made in a sequestration application, a debtor may approach the court for in order that he or she is now a rehabilitated debtor, after which the debtor will be able to apply for credit. We are happy to assist clients with such applications. 

 

·        Credit listings. We dispose of the necessary systems to review the credit record of a prospective client and to have a debtor listed as a late payer, a defaulter, etc.