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Articles

Cornell Horn Attorneys Legal Articles

What Happens if Your Partner Dies and You are not Married?

For unmarried couples, the lack of legal recognition can lead to unwanted complications when one partner dies. The absence of a formal marriage or civil union can leave surviving partners vulnerable, especially if no will is in place.

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Dying Without a Will - Intestate Succession in South Africa

When someone passes away without a will in South Africa, the law dictates how their estate is distributed through intestate succession. This process, while legally sound, often does not reflect the deceased's personal wishes, potentially leading to legal challenges and emotional difficulties for the family.

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Offer to Purchase – Navigating the Initial Transaction Phase

The Offer to Purchase is a legally binding document that outlines the terms under which you agree to buy a property. In South Africa, this document becomes the basis for the sale agreement once accepted by the seller.

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Preparing for a Property Purchase – Steps Before the Transfer

The first step in purchasing property is understanding your housing needs. Consider factors like location, size, type of property (e.g., apartment, house, or townhouse), and proximity to amenities like schools, workplaces, and healthcare facilities.

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The Role of a Conveyancing Attorney in the Transfer of Property

The role of a conveyancing attorney is multifaceted, encompassing legal consultation, document preparation, verification, and the facilitation of transactions to ensure that the property changes hands in accordance with the law.

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Beetle Infestation Certificates in South African Property Deals

The Beetle Infestation Clearance Certificate is not a national requirement, and is not governed by any specific law, but is often mandated by financial institutions and conveyancers in specific areas. It serves as a reassurance to buyers, sellers, and lenders that the property's structural integrity is uncompromised by these pests.

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Electrical Fence Compliance Certificate for Property Transfer

An Electrical Fence Compliance Certificate is essential for both buyers and sellers (with a property containing an electrical fence) involved in the property transfer process in South Africa. It ensures that the electrical fence meets safety standards.

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Water Installation Compliance Certificate in Property Transfers

If you're planning to sell your property, obtaining a water installation certificate of compliance is not just a formality; it's a legal obligation if your property is situated in the City of Cape Town municipality.

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Electrical Compliance Certificate (ECC) in South Africa

In South Africa, the ECC is not a recommendation; it's mandatory if the property which is being sold has a building or outbuildings with electrical connections. Should the property be a vacant stand/plot, it is not necessary for an electrical compliance certificate.

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Gas Compliance Certificate and Property Transfers in South Africa

For potential buyers, the presence of a GCC offers peace of mind, knowing that the property's gas systems have been vetted and are free from hazards. For sellers, it's a demonstration of responsibility, ensuring that their property is compliant and ready for transfer. In essence, the GCC bridges the gap between regulatory compliance and real-world safety.

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