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Frequently asked questions

FAQ: ABOUT MOLATI ATTORNEYS

Our Head Office is in Hammanskraal Corner Ngifundise Street & Molefe Makinta Road Temba

FAQ: CONVEYANCING

The process can take up to 3 months if the case does not have any complications.

If a property has more than one owner, all owners must consent to the sale of the property, they must sign the sale agreement, the process becomes difficult in case one owner refuses to sign the necessary documents.

We calculate the transferring cost based on the value of the property in question.

Yes, but we need the letter of authority because only the Executor of that estate has the right to transfer the property.

When transferring property the law says that the bill for that property must not be owing anything, be it the municipality or any other debt on to the property. Therefore this enables us to obtain the clearance certificate the bill must have been paid off

FAQ: ESTATES

The process will differ depending on the value of the estate, it can take a maximum of six months to finalize.

Letter of Executorship and Authority is the power or right to give order, make decisions that   would benefit its rightful beneficiaries.

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The difference between Letter of Executorship and Authority:

If the value of the Estate is above R250 000 then the Master court would issue a Letter of Executorship and if the value of the Estate is less than R250 000 Letter of Authority would be issued.

We use search works to validate whether the deceased had any property in his/her name and we also request a letter from the Master to the Bank(s) and Insurance Policies to verify whether the deceased had any monies in the banks or insurance policies.

The debts become the responsibility of the Estate. Estate is everything you owned at the time of your death. Therefore your assets will pay off all the debts before it is distributed amongst the appointed beneficiaries.

All documents are submitted at the Master of the High Court.

FAQ: FAMILY LAW

The cost mostly depends on the complexity of the divorce settlement agreement.

An uncontested divorce can be finalized in four to six weeks depending on the court roll.

A contested divorce may take between 2 – 3 years, but most contested divorces do settle long before they go on trial.

A divorce decree may be obtained within a period of 4 weeks after it has been granted

Yes, you must provide a valid Marriage Certificate.

NB: A Customary Marriage must be registered with the Department of Home Affairs within a period of three months after the customary wedding took place. 

  • Identity document of the Applicant.
  • Birth certificate of the minor
  • 3 Months Bank statement
  • Proof of residence
  • Expense list
  • Address of the Respondent
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