Faq
- Home /
- Faq
Ordinarily, the seller chooses the conveyancer but, the choice of the conveyancer is a term of the contract and as such it is possible for a purchaser to choose the conveyancer. Convention dictates in most cases that the seller choose the conveyancer. It is more likely that if a party is the breach, it is going to be the purchaser (ie failure to pay full purchase price or transfer costs).
If you die without a will your estate will be dealt with in terms of the Intestate Succession Act. Your estate would be distributed to your closest legal relatives determined by degrees of relationship.
A lawyer is a generic term which can relate to all people who practice law.
An attorney is a lawyer who runs or works in a law practice and provides a wide range of legal services to clients including, litigation, drafting of contracts, giving legal advice, administration of deceased estates. A conveyancer is an attorney who has an additional professional qualification who attends to the registration of transfer of property. An advocate is a lawyer, who specialises in appearing in court. They do not run a law practice nor provide a range of legal services. They represent clients in court and give legal advice.
In most cases, an advocate will be briefed by an attorney.
It is sometimes possible to change one’s matrimonial property regime after getting married, but it is very difficult and expensive.
It requires an application to the High Court, advertisement of the application in the press and the consent of creditors. Furthermore, an applicant has to persuade the court that the parties had the intention to have a different matrimonial property regime at the time they got married.
It is far better to conclude an ANC before getting married.