Services
Reset you debt today
Sequestration
You will be relieved from any financial obligation to pay your creditors. No more fears that creditors will harass you day and night. Sequestration is a High Court Application and once granted the Master of the High Court will appoint a Curator/Trustee to attend to the administration of your estate and deal with your creditors personally. AVAB specialises in Sequestration applications and can assist clients throughout South Africa.
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We can assist you with the following voluntary sequestrations:
- Immovable Property Sequestration (using your immovable property as a benefit to creditors)
- Movable Property Sequestration (using your movable property as a benefit to creditors)
- Cash Sequestration (paying a cash amount as a benefit to creditors)
Why should I sequestrate?
- All your debt before sequestration will fall away, your debt will be reset.
- You do not need to appear in Court for the application, an advocate will appear on your behalf.
- Your policies, annuities and Pension etc. are protected.
- Garnishee orders you have against your salary will fall away.
- Creditors cannot attach your income or your salary.
- You can no longer afford your debt review repayments.
To see if you qualify for sequestration, contact us for a free consultation.
Unable to pay debt?
Liquidations
Is your Company / Close Corporation unable to pay its debt? We can assist you with a Liquidation application.
Liquidation marks the end of an era for a business. It’s the process of closing down operations, selling assets (if any) and distributing the proceeds (if any) to its creditors. The Company’s legacy lives on in the memories on those who worked there and the lessons learned from its demise. The Liquidation is set and managed by a Liquidator appointed by the Master of the High Court.
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When can I apply for Liquidation?
A Company or Close Corporation is insolvent when its business liabilities exceed their assets.
Will I as Director/Member be responsible for my Company/Close Corporation’s debt?
The business is seen as a separate legal entity in our law, therefore you as Director/Member/Shareholder cannot be held liable for its debt unless you put up personal security or suretyship.
Types of Liquidations Applications:
1. Voluntary Liquidation;
2. Creditors Liquidation.
To find out more, please contact us to arrange a free consultation.
Selling your house ?
Property Transfers & Conveyancing
Conveyancing is the transfer of immovable property from one owner to another. A conveyancer is an attorney with a post-graduate qualification who by law is the only person who can register property transactions in the Deeds Office.
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What does a Conveyancer do?
- A Conveyancer can assist with drafting an offer to purchase, dealing with all the terms and conditions of the sale agreement.
- A Conveyancer manages all costs relating to the transfer of property, which includes transfer costs, transfer duty, rates and taxes figures, levy figures, bond cancellation figures etc.
- A Conveyancer communicates with all the parties which include, Seller, Buyer, Estate Agent, South African Revenue Services (SARS), Municipality.
- A Conveyancer is responsible for drafting of all transfer documentation and attends to signing of same.
- A Conveyancer is responsible for the registration of the title deed at the Deeds Office.
- A Conveyancer is responsible for cancelling of the old bond.
- A Conveyancer is responsible for registration of new bonds.
- A Conveyancer is responsible for finalising the accounts after registration and attending to the necessary payments.
Contact us for assistance with all your property transfers throughout South Africa.
Credit worthy?
Rehabilitation & ITC Clearances
Restore your credit worthiness after Sequestration with a Rehabilitation application in the High Court. What happens after my Rehabilitation has been granted? AVAB can assist with ITC clearances to remove all defaults, judgements, sequestration orders etc. from your credit profile. Your slate has then been wiped clean and you can start afresh by rebuilding your credit record.
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When can I apply for rehabilitation?
- Six months after your sequestration application was granted, provided no claims were proven by any of your creditors against your estate or
- 12 months has lapsed after confirmation of your Liquidation and Distribution Account by the Master of the High Court.
How long does the process take?
- A Rehabilitation application takes approximately 6-8 weeks depending on court availability.
- AVAB can assist clients throughout South Africa.
- You do not need to appear in Court for the application, an advocate will appear on your behalf.
Apply now, please contact us to arrange a free consultation.
Protect the people you love
Will & Testament
A will or testament is legal document that expresses a person’s (testator/testatrix) wishes on how their estate should be distributed after their death and further stipulating who will be in control /managing their estate (Executor/Executrix) until the estate has been finalised.
Your will and testament is the most important document you will need, to ensure that the people closest to you are protected and cared for, especially minors.
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In South Africa, each person is afforded the right of freedom of testation, meaning you have the right to bequeath your estate to whomever and/or whoever you wish, provided your bequests are not contra bones mores (“against good morals”) and provided your will is legally drafted and executed in terms of the Will Act 7 of 1953.
If you fail to leave a valid and/or legal will and testament, you estate will be administered in terms of the Intestate Succession Act 81 of 1987.
Do not delay, contact our offices today for an online application form or consultation to ensure your family is protected one day.
Going to the Chapel?
Antenuptial Contracts
We can assist you with the drafting and registration of antenuptial contracts in the Deeds Office. An antenuptial contract is a legal contract entered into between two parties before their marriage.
Both parties must sign the antenuptial contract in the presence of a notary public. The contract must also be registered at the Deeds Office to be legally binding. If you don’t register an antenuptial contract it will result in your marriage being in community of property.
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What types of marital regimes regulated by an antenuptial contract?
- Married Out of Community of Property without the accrual system
- Married Out of Community of Property with the accrual system
The types of marital regimes will be discussed and explained in our consultation prior to drafting the antenuptial contract.
Before the wedding bell rings, contact us to discuss your options and to book your appointment.
Need to resolve a dispute?
Litigation
Do you have a dispute which cannot be resolved between the parties ?
Litigation refers to the formal process of resolving a dispute by bringing it before a Judge/Magistrate. Litigation can be a very stressful and/or lengthy process but having the right litigation attorney leading the way, can make the process less stressful. AVAB can assist clients in the Magistrate Court as well the High Court depending on the type of matter.
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Types of Litigation Matters:
- Default Judgements ;
- Judgements;
- Rescission of Judgements;
- Commercial disputes ie. Breach of contract or recovery of debt
- Urgent Applications
- Section 65A Applications
AVAB can also assist attorneys by acting as a correspondent in all their litigation work.
Administration & Finalisation
Deceased Estates
The death of a loved one is a very stressful and emotional time. We at AVAB are here to relieve our clients of the stress by assisting them to administer and finalize their loved one’s estate. A deceased estate must be reported to the Master of the High Court to appoint a person that will deal with the administration of the deceased estate.
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Our services include but are not limited to:
- Reporting the deceased estate at Master of the High Court;
- Attending to the prescribed Advertisements;
- Drafting of Liquidation & Distribution Account;
- Distribution of Estate;
- Payment to creditors (if any);
- Distribution of Assets;
- Transfer of immovable property;
- Finalizing any outstanding and/or current income tax on behalf the deceased;
- Requesting release at Master of the High court.
Our expertise in conveyancing is complemented by a specialized team that handles Estate Late transfers. This means that we can offer comprehensive estate services that cover all aspects of a Deceased Estate. Our goal is to ease the burden for our clients by providing all necessary services in one convenient location.
What is a Section 18(3) deceased estate?
The gross value of the estate is less than R250 000-00. We assist our clients in obtaining the letter of authority and collecting all monies due to the estate.
What is a Section 13 & 14 Deceased estate?
The gross value of the deceased estate is more than R250 000-00. The Master of the High Court will than issue a Letter of Executorship. We assist our clients in reporting the deceased estate and attending to finalisation of all the administration until release has been issued, thereby relieving our client of their duties and responsibilities as Executor/Executrix.
What is an Insolvent deceased estate?
If the total value of the assets in the estate is not sufficient to pay the debt or liabilities of the deceased estate, the estate becomes insolvent. AVAB can assist in reporting the estate, selling the assets (if any) and distributing any monies to creditors.
What are the duties and responsibilities of an Executor/Executrix?
We understand that our client perhaps don’t have the time / means or capabilities to comply with all the legal requirements to administer and finalize an estate. We therefore can assist by acting as your authorized Agent.
MATRIMONIAL MATTERS
Family Law
Our experienced litigation department specializes in Family law and all matrimonial matters.
AVAB specializes in the following Family law matters:
- Unopposed divorce matters;
- Opposed divorce matters;
- Changes in matrimonial property regime;
- Maintenance claims (new or amending existing maintenance order);
- Rule 43 applications for interim relief;
- Domestic violence and/or protection orders;
- Mediation in all family related disputes.
- Interdicts relating to family issues;
- Matters pertaining to guardianship, primary care and residence and/or contact issues;
- Relocation Applications;
- Enforcement of Family Law Procedures;
- Appointment of curator ad litem/legal representative to minor children
- Interlocutory matter relating to family law matters.
Administration & Finalisation
Maintenance Claims
What is a maintenance claim? Maintenance is an amount of money that a person has to pay towards another person based on a legal duty to support that person. Should you require assistance regarding any family law matter, divorce or maintenance claim , AVAB can assist you throughout the court process. Contact us to arrange an consultation.
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At AVAB we can assist with the following maintenance claims:
- Maintenance claim on behalf of a minor child.
In South African Law, a child is entitled to maintenance from his/her biological parents taking into consideration the needs of the child and the means of each parent. - Spousal Maintenance
Spousal maintenance is maintenance paid by one spouse to another spouse following a divorce.
Need to resolve a dispute?
Divorce & Maintenance Claims
Instituting divorce procedures can be an extremely emotional and difficult decision to make. Every divorce is different and will vary depending on each client’s circumstances. At AVAB, we have the experience and expertise to assist our clients by taking all necessary factors into account, to ensure that their legal rights are protected.
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What does a divorce attorney do?
Our services in divorce matters include, but are not limited to:
- Negotiates terms of the divorce with your partner, in the attempt to resolve the matter amicably ensuring the best possible outcome. Further ensuring the best interest of the minor children are taken into consideration (if applicable);
- Drafting Divorce Summons and/or Settlement Agreement;
- Liaising with the office of the Family Advocate, where minor children are involved;
- Attendance at Court.
Unopposed Divorces:
We can assist both parties in divorce proceedings if both parties indicate from the onset that they wish to settle the matter amicably. Alternatively , we can also assist a respective client to attempt to reach a settlement to avoid the matter becoming an opposed divorce matter.
Opposed Divorces
In the event that the parties cannot reach a settlement and/or agree to the terms thereof, the divorce will thus become an opposed matter. Opposed divorces can be a lengthy and emotional process which could be financially draining. Since divorce applications are very emotional, it is important to ensure that you have a skilled and professional attorney to guide you through the process for the best possible outcome.
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Need to recover what is due?
Debt Collection
Are you struggling to recover money due to you ? Debt collection is the process of pursuing payments of money or other agreed upon value owed to creditor. The debtor may be an individual or a business. Our debt collection department can assist clients with disputed or undisputed debt collection matters.
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Our procedure includes but is not limited to the following:
- Sending Letter of Demand/ Final Demand;
- Acknowledgement of Debt and ensuring compliance thereof;
- Listing the debtor as non-payer/s on the Credit Bureaus databases’
- Issuing Summons;
- Judgement;
- Execution Steps.
Let our specialised Debt Recovery Team at AVAB assist you to recover your money. Contact us to arrange an consultation.
Need help drafting a contract?
Commercial Contracts
AVAB offers comprehensive assistance in drafting all forms of commercial agreements to meet the specific needs of our clients. Our experienced team of legal professionals specialise in drafting effective and enforceable contracts that protect our clients’ interests and promote successful business relationships.
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We can assist with some of the following commercial agreements:
- Sale Agreements;
- Lease Agreements;
- Partnership Agreements;
- Non-disclosure Agreements;
- Employment Agreements;
- Confidentiality Agreements;
- Shareholders Agreement.
Please note this is not an exhaustive list as there are various types of commercial agreements we can assist you with. The nature and content of each agreement can vary depending on the specific requirements and negotiations between parties involved.
Wide range of Comprehensive Services
Other Services
- We offer a wide range of comprehensive services such as:
- CIPC Services (Companies and Intellectual Property Commission)
- Name Reservations for a proposed company;
- Company Registrations;
- Change of director / Removal of directors;
- Submitting Annual Return.
- Apostille and Authenticating of documentation
- Authenticating and legalizing documentation for international use.
- Registration of Trusts
To learn more about our other services, contact AVAB today. Our team is ready to assist you in achieving your goals.
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