Family Disputes Practice
We provide adequately researched and well thought out legal opinions and litigate our clients’ matters at appropriate courts were necessary in all aspects of family and child law, the law of succession, administration of estates, and family burial disputes.
- Regarding family and child law, we provide highly specialised services which includes (but not limited to): marital and life partnerships contracts such as antenuptial contracts, postnuptial contracts and domestic partnerships contracts; marriage and all forms of intimate relationships related advice regarding property rights, and division of and inheritance from pension benefits on the dissolution of these relationships; children responsibilities and rights which includes their care, contact, guardianship and maintenance; adoption; abduction; relocation to distant locations within South Africa or abroad; divorce, including recovering assets hidden from other spouses or in living annuities; fathers who are denied access to their children; spouses or former partners who suffered domestic violence and needs protection from their children’s other parents.
- Regarding the law of succession: where the deceased did not explicitly express his or her views on how his or her assets should be distributed upon his or her death, we endeavour to ensure that our clients receive what is due to them in accordance with the necessary rules relating to the law regulating intestate succession. In particular, where the deceased left behind minor children, we strive to ensure that such children are not prejudiced when the deceased’s assets are distributed. We also advise surviving spouses on their rights and entitlements having regard to the applicable matrimonial property system to the marriage. If the deceased clearly expressed his or her wishes in any testamentary document, we also advise our clients on their rights under the circumstances. We also draft well-thought out and easy to follow wills that comply with the legislative requirements for our clients.
- Regarding family disputes: We understand that death can be an instigator for family feuds leading to fierce litigation regarding burial disputes, allegations of failure to conclude valid marriages, funeral attendance, funeral arrangements, cremations, and the right to possess the deceased’s ashes. In assisting our clients, we evaluate the facts of the case to determine the respective rights of all concerned parties who may or may not include the surviving spouse; deceased’s children, some of whom may not be those of the surviving spouse and deceased’s parents. We also assess the root cause of the dispute to determine how the matter can be resolved. Should it become necessary, we may bring urgent court application on behalf of our clients at the relevant division of the High Court.
- Regarding administration of estates: We have the necessary expertise to act as executors of estates of our clients’ deceased loved ones or an agent where a lay executor is appointed by the deceased in a will or beneficiaries where the deceased died intestate. We attend to all estates regardless of their perceived complexities. We assist our clients to report such estates to the relevant office of the Master of the High Court. We attend to this office on behalf of our clients to obtain letters of executorship where the estate of their loved ones meets the statutory threshold for the issuing of such document. We ensure that we carefully evaluate the relevant facts to establish all the potential beneficiaries who should be part of the process, particularly when the deceased died intestate. We will then attend to the collection of all the available assets that should be distributed to the beneficiaries, which will enable us to draft the Liquidation and Distribution Account which must be submitted to the Master of the High Court. We also attend to all the necessary queries, objections, administrative duties, and payment of all the statutory taxes and debts before payment can be made to beneficiaries. We value the ideal of explaining the process to our clients and providing regular feedback when administering the estates of their departed loved ones.
