Carlo Swanepoel Attorneys

Some answers to the question of "What is an Advocate?" 🤔

Swipe to find out if being an advocate is where you want to be, and feel free to ask further questions!

Some answers to the question of "What is an Attorney?" 🤔

Swipe to find out if being an attorney is where you want to be, and feel free to ask further questions!

Key differences between private practice and in-house attorney services. Not sure which to choose? 🤔

We've highlighted some key differences. If you're still unsure, contact us now for expert legal advice that suits you 🙌

Our topics for discussion for the month of July. We'll be discussing general information regarding attorneys and advocates ⚖️

Stay tuned for more information during the month! 🗓️

Key differences to know when deciding on which court to approach with your claim 📂

Contact us now for clarity in which court you should approach and further expert support! 💪🏼

Unsure if your unresolved claim fits the requirements to be taken to Civil Magistrates Court? 🧐

Contact us now to make sure you are well informed and well looked after in the process! ⚙️

Struggling to get a resolution with your claims? Find out if you should approach a civil court ⚖

No matter how big or small, contact us now to find out if your claim requires immediate attention! ⏳

Not sure which court to submit your unresolved monetary claims? 💸

Contact us now to navigate the tricky nature of monetary claims with ease!

Here are our topics of discussion for June. The theme is unresolved claims and when should you consider taking them to court ⚖️

Follow our posts to stay informed and send us a message with any questions you may have!

Is Your Last Will and Testament Strong Enough? Learn What’s Essential and How to Avoid Weaknesses. 📝🔒

Contact Carlo Swanepoel Attorneys for expert support in protecting your legacy!

Unsure of when or why you would need a Last Will & Testament? Carlo Swanepoel Attorneys have got you covered ☑️

Contact us now for guidance and security when it comes to safeguarding your estate 🔒

Ever wondered why it is essential to have a Last Will & Testament? Here's why! 📜

Contact us now and book a consultation with one of our specialists!

Here is the topic of focus for the month of May, Last Will & Testament. We will be discussing different areas of the topic, providing clarity and understanding.

On Tuesdays we will be posting the week’s topic of discussion. This will be an opportunity for you to ask us questions in the comments, which we will address on the Thursday.

Feel free to pop us a message for or any more questions regarding our new format 🖊️

The final steps when dealing with a deceased state before contacting Carlo Swanepoel Attorneys ☑️

Arrange a consultation with a member of our qualified team for assistance. Ensuring an informed and swift process 📄

Contact Carlo Swanepoel on 021 919 6418, or [email protected] 📥

Correct information and where it goes is vital in ensuring a swift and hassle free experience. These points offer insight into where your deceased estate should go 🏛️

Arrange a consultation with a member of our qualified team for assistance with these documents for an easy, swift process 📄

Contact Carlo Swanepoel on 021 919 6418, or [email protected] 📥

Preparing for a deceased estate can be stressful and emotional. Below, we’ve simplified the document submission process for you 🏛️

Make difficult times easier and arrange a consultation with a member of our qualified team for assistance with these documents 📄

Contact Carlo Swanepoel on 021 919 6418, or [email protected] 📥

What happens to someone's possessions when they pass away? 🖊️

A deceased estate is a report on everything a person owned and owed at the time of their passing. From property and investments to debts and personal belongings, it's all part of the estate. This provides clarity and guidelines to follow for the loved ones of someone who has passed.

At Carlo Swanepoel Attorneys, we specialise in navigating the complexities of deceased estates, providing peace of mind during difficult times. Let us guide you through the process with care and expertise.

Section 65(1) of the VAT Act mandates that vendors must incorporate VAT into all prices charged, advertised, or quoted if the supply falls within the scope of the VAT Act. Vendors are prohibited from implying that trade, cash, or other discounts or refunds can replace the VAT rightfully applicable to a supply.

However, certain property developers and speculators persist in promoting prices exclusive of VAT on various platforms such as websites, billboards, newspaper advertisements, and marketing materials.

This practice fosters a misunderstanding among the public that they can avoid paying the required VAT in transactions. Not only does this contravene the law and mislead individuals, but it also exposes vendors to significant commercial risks.

For instance, if you engage in a property purchase agreement with a customer based on an advertised price that does not mention VAT, you may encounter difficulties regarding the final price. Section 64 of the VAT Act specifies that any price set by a vendor is deemed to include VAT, irrespective of whether it is explicitly stated in the price or not.

To ensure clarity in contracts:
- Ensure that your contract explicitly mentions VAT for taxable supplies, not transfer duty, to prevent disputes in the future.
- Exercise caution with advertisements claiming "no transfer costs" without specifying that VAT is included. Such statements do not alter the tax liability; sellers remain liable for VAT on taxable supplies, while purchasers are responsible for transfer duty on non-taxable supplies.
- Emphasize transparent pricing in contracts by including costs like legal expenses for property transfer in the advertised price, rather than stating "no transfer costs.

For more infomation, contact Carlo Swanepoel Attorneys ⚖️

In the world of conveyancing, a caveat represents a notification lodged by the Deeds Office against the Title Deed of a particular property.

Originating from the Latin word for ‘beware,’ a caveat serves as a warning to all concerned parties that dealings with the property cannot proceed until the caveat is addressed.

In practical terms, this signifies that a conveyancer is unable to, for instance, register a property subdivision or complete the transfer registration until the caveat is lifted.

Caveats are applicable in various scenarios, such as when the Surveyor-General modifies the property’s description, necessitating the recording of the latest description on the draft Deed for transfer. Similarly, a caveat might appear in a routine Deeds Office search if a sectional title unit has been expanded without formal registration.
In another scenario, a caveat might be placed on a property if the registered owner has been declared insolvent by a court order.

Although not insurmountable, neglecting to address a caveat from the outset often leads to delays in property transactions.

In essence, caveats serve as vital reminders to conveyancers to conduct thorough property searches and adhere to transaction formalities concerning immovable property.

Contact Carlo Swanepoel Attorneys for more information ⚖️

Before working with a lawyer, the following steps need to occur.

1. Conflict Check
2. Sign Engagement Letter
3. Provide Retainer
4. Legal Process Begins

Ready to take the first steps to get the legal assistance you need? Carlo Swanepoel Attorney's team is here to help.

In line with the regulations outlined in the Sectional Title Schemes Management Act 8 of 2011, all section owners within a sectional title scheme collectively form the Body Corporate. Trustees are elected during the Annual General Meeting to represent the Body Corporate and oversee the scheme's daily operations, including financial management and common property maintenance.

In larger schemes, Trustees often engage the services of a Managing Agent to streamline administrative tasks and ensure efficient management. Nevertheless, the ultimate responsibility for administrative decisions rests with the Trustees, who are obligated to prioritize the best interests of the owners.

Contact Carlo Swanepoel Attorneys for more information on this topic 🙌

An antenuptial contract ('ANC') becomes enforceable upon the marriage solemnization. Prior to the solemnization, the couple can modify the ANC through an amending agreement signed by both parties and notarially executed. This amended agreement must be duly registered in the Deeds Office to be legally valid.

However, amending the ANC after marriage, such as including or excluding the accrual system or adjusting the list of excluded assets, requires additional steps. Both spouses must agree to the proposed changes and seek authorization from the High Court to notarially amend the ANC. In their Notice of Motion, they must provide a valid reason for the amendment, ensuring it aligns with prevailing public morals.

For more information, contact Carlo Swanepoel Attorneys today ⚖️

Were you aware that South Africa boasts approximately 15 diverse courts? Each of these courts fulfills a crucial function within our legal and justice framework.

Join us today as we delve into the roles of the four most prevalent courts in our system ⚖️

Parties have the option to exclude specific assets from their accrual calculation by expressly stating so in their antenuptial contract. Any assets owned by either party at the start of the marriage can be excluded from the accrual operation.

Additionally, certain assets may be automatically excluded from the accrual calculation by law, such as inheritance and personal injury damages.

Assets excluded from the accrual are not included in the initial value stated in the antenuptial contract and are not considered when calculating the final value of each party's estate.

Contact us today for more information 🙌