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8:00-16:30
88 President Reitz Avenue, Westdene, Bloemfontein

Correspondent Services

Correspondent Services

Du Plessis Attorneys – Your preferred Conveyancing, Notarial and Estates Correspondents in Bloemfontein, Free-State.

We accept referrals and instructions from colleagues on an agreed fee basis; and provide a quick turnaround time on all our referrals and instructions.

Performance is Potential minus Internal Interference

Performance is Potential minus Internal Interference

The space between your ears. What happens in that space determines 100% the outcome of your controllable decisions. Martina Navratilova was asked how she managed to be still successful at even an age of 43. Her response was;

“The ball doesn’t know how old I am. You need to stop yourself from stopping yourself. Every game in life is actually played on a 6-inch ground – the space between your two ears. We don’t live in bungalows, duplexes, or flats. We live in our mind which is an unlimited area. Life is great when things are sorted and uncluttered there. Keeping the mind messy with hatred growing on the table, regrets piling up in the corner, expectations boiling in the kitchen, secrets stuffed under the carpet, and worries littered everywhere, ruin this real home. The key factor to performing well in life and in every arena is the ability to control the quality and quantity of your “internal dialogue”. Performance is potential minus internal interference. Live in peace, not in pieces.

A note on Organ Donation in South Africa

A note on Organ Donation in South Africa

The National Health Act 61 of 2003 regulates organ donation in South Africa.

Section 62 of the act deals specifically with donating organs of deceased persons.

Section 62 determines as follows:

(1)
(a) A person who is competent to make a will may –
(i) in the Will,
(ii) in a document signed by them and at least two competent witnesses; or
(iii) in an oral statement made in the presence of at least two competent witnesses,
donating his or her body or any specified tissue thereof to be used after his or her death, or give consent to the post-mortem examination of his or her body, for any purposes provided for in this act.

(b) a person who makes a donation as contemplated in paragraph (a) must nominate and institution or a person contemplated in section 63 as donee.

(C) if no donee is nominated in terms of paragraph (b), the donation is null and void.

(D) paragraph (b) does not apply in respect of an organ donated for the purposes contemplated in section 61 (1) and the donee of such organ must be determined in terms of section 61 (2).

(2)
In the absence of a donation under subsection (1)(a) or of a contrary direction given by a person whilst alive, the spouse, partner, major child, parent, guardian, major brother or major sister of that person, in the specific order mentioned, may, after that person’s death, donate the body or any specific tissue of that person to an institution or a person contemplated in Section 63.

(3)
(a) The Director-General may, after the death of a person and if none of the persons contemplated in subsection (2) can be located, donate any specific tissue of that person to an institution or a person contemplated in Section 63.

(b) The Director-General may only donate the specific tissue if all the prescribed steps have been taken to locate the persons contemplated in subsection (2).

Traditionally, the instruction to donate organs is inserted in a deceased person’s Will.

In most instances, the Will is at the soonest read days after the deceased’s passing.

Organs must be harvested as soon as possible after the passing of a deceased for a successful transplant.In most instances within hours of passing,

We propose that the instruction to donate ones organs are inserted in the Will. In addition, the Testator must also register as an Organ Donor with the Organ Donation Foundation to ensure an expeditious authorization for harvesting. Visit their website at https://odf.org.za/ for further information and registration instructions. Ensure the designated persons referred to in section 62 (2) is informed of the donation.

Interestingly, Section 61(3) of the Act explicitly excludes the transplant of an organ into a person who is not a South African citizen or a permanent resident of the Republic without the Minister’s authorization in writing.

Interest in Estate Duty

Executors Beware

Interest in Estate Duty

Estate Duty is due within 1 (One) year from the date of death, or 30 (Thirty) days from the date of assessment, if an assessment is issued within 1(One) year from the date of death.

Currently, interest is levied at 6% per annum on late payments.

An extension will be considered if the Executor applies in writing for an extension within the prescribed period and pay a reasonable deposit.

The Commissioner may grant an extension under Section 10(2) of the Estate Duty Act for late payments of Estate Duty without interest.

If no request for the Interest-Free extension was received by SARS before the issuing of the REV250 assessment, interest remain payable.

Estate Duty is payable by the Executor of the Estate.

In terms of Section 12 of the Estate Duty Act “notwithstanding anything to the contrary contained in Section 11, any Duty payable under this Act shall be payable and recoverable from the Executor of the Estate subject to the duty, to the extent contemplated in Chapters 10 and 11 of the Tax Administration Act”.

In terms of Section 13 of the Estate Duty Act, the duty may be recovered from the person liable therefor in respect of the duty attributable to such property that person received.

The Executor’s Nightmare.

The request for the Interest-Free extension may be declined if the conditions are not met.

The Executor may apply for reasons for arriving at the decision from SARS, but neither the Estate Duty Act nor the Tax Administration Act provides for an objection against the decision or an Appeal against the decision not to grant the extension.

In terms of Section 10(2) of the Estate Duty Act, no request for remission of interest is permissible.

Executors, please study the Estate Duty Act guide on the SARS website in detail and acquaint yourself with all Tax issues applicable in the administration of estates.

Failure to be up to date in this regard may render serious personal financial implications to Executors.

Drafting of Legal Documents

Drafting of Legal Documents

An Attorneys role in drafting legal documents is to ensure that all relevant facts and law which could affect the parties have been accounted for. Legal documents are drafted to meet our clients’ needs and to always protect their interests in every transaction.

Trusts

Trusts

A trust is a mechanism which allows a person to hold assets, but not own them. Trusts allow for the structuring of investments which have numerous advantages. Advantages include preserving wealth from one generation to another, protection of assets, tax benefits and easier access to financing.

We assist in the formation and management of Trusts. Trusts can be used for business purposes or testamentary purposes, in terms of a will which instructs how assets should devolve upon death.

Property Practitioner Training

Property Practitioner Training

We offer high quality and comprehensive Property Practitioner Training throughout the year, which enables Property Practitioners to strengthen their skills and knowledge.

Wills

Wills

This is one of the most important documents you will ever sign, and we can give valuable input as to what you should think of. It is extremely important to do complete Estate Planning before drafting a Will.

No one wants to think about their time on earth coming to an end, unfortunately death is a reality we will all face. Death is a difficult period for loved ones to go through, and it is costly. Ensure that your loved ones are taken care of, even after you have passed on, by setting-up your will and appointing an executor that will ensure that your loved one’s interests are safeguarded.

Estate Administration

Estate Administration

We take appointments as Executors in Estates or as an agent on behalf of family member appointed in the Will of the deceased, to wind up and administer an estate on their behalf. This can be an extremely cumbersome process and we go out of our way to make the experience with our service and the process as smooth as it can be.

Estate planning is crucial to protecting your loved one’s financial interests after your death, it ensures that financial complications don’t occur. Every estate needs to be structured to cater to its specific state of affairs. Proper estate planning will ensure that executors fees, estate duty and capital gains tax are lessened.

Notarial

Notarial

A Notary Public is an attorney who has a further qualification, which enables them to prepare, certify and attest certain specialised legal documents; and to administer oaths. The most popular of such documents being the Antenuptial Contract and Notarial Bonds. A Notary also authenticates South African documents to be used abroad, vice versa.

8:00-16:30
         
88 President Reitz Avenue, Westdene, Bloemfontein

We focus on conveyancing, commercial legal services, the Administration of Estates, estate planning and marriage and cohabitation contracts. 

We pursue the uncompromised satisfaction in exercising our fiduciary duty to clients. It is a pinnacle aspect of our code of conduct to build lasting relationships reciprocal trust, honesty, and unsurpassed ethical conduct. We are what we repeatedly do. 

Excellence therefore is not an act; it is a habit.

A sole proprietor firm providing legal services with uncompromised client satisfaction and trust enshrined.

8:00-16:30
         
88 President Reitz Avenue, Westdene, Bloemfontein

We focus on conveyancing, commercial legal services, the Administration of Estates, estate planning and marriage and cohabitation contracts.  We pursue the uncompromised satisfaction in exercising our fiduciary duty to clients. It is a pinnacle aspect of our code of conduct to build lasting relationships reciprocal trust, honesty, and unsurpassed ethical conduct. We are what we repeatedly do.

Excellence therefore is not an act; it is a habit.

A sole proprietor firm providing legal services with uncompromised client satisfaction and trust enshrined.

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