Welcome to Balt Attorneys Services
Administration of Estates and Estate Planning
We are able to offer a comprehensive service in the important fields of Estate Planning, Administration of Deceased Estates, preparation of Wills & formation of Trusts.
Our professionals guide clients, in the light of their specific circumstances, to develop tailor-made solutions in their Estate Planning, which may involve the formation of Trusts or the drafting of new tax-efficient legally sound Wills. Giving our clients confidence and peace of mind in this important aspect of their personal planning is our priority.
Ante-nuptial Contracts
The Ante-nuptial Contract is arguably one of the most important documents, if not the most important document, a person will sign in his or her lifetime. Unfortunately most people do not understand the importance of this contract and think of it as just another page in the morass of paperwork to be attended to before the wedding. Even parties who do contact an attorney generally seem to expect the Ante-nuptial Contract to be a standard pre-prepared document which they can just pop in and sign at nominal cost.
When you consider that the Ante-nuptial Contract governs what will happen to all assets and liabilities on death or divorce, it makes sense that considerable thought should be given to concluding it and that its contents should be fully understood. The fact that an Ante-nuptial Contract must be executed before a notary public, who is a qualified attorney with additional specialist qualifications, gives some indication of its importance. Of course no person enters into a marriage contemplating a divorce and it is difficult to draw up a document which will deal with division of assets and liabilities on divorce when you are starry eyed with wedding preparations. However, the Ante-nuptial Contract will also come into effect on death, and even if one is fortunate enough to avoid the high divorce statistics, all of us have to die! One’s assets can be dealt with in a Last Will and Testament but the Ante-nuptial Contract precedes this and determines what ones assets are. Parties give considerable thought to their Wills but often do not understand that the very ownership of the assets which they dispose of in the Will may be questioned if the Ante-nuptial Contract is not properly drawn.
Debt Collections
Balt Attorneys operates a highly efficient debt collection department which has been in operation in operation since 1999.
A network of tracing agents and correspondents/advocates as well as a production line based operational system support the debt recovery service at a fee structure that can be tailored to custom fit the specific needs of your business.
These elements, combined with a highly committed and experienced staff complement, enable the delivery of a world-class debt recovery service.
Commercial Practice
Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade and sales.
This would include drafting of copyright and trademark agreements, franchise agreements, company registrations and drawing up of contracts for leases and mergers.
Conveyancing
The bond registration process should be handled only by an experienced conveyancing attorney. The bond registration process is briefly described below to give some insight into what it entails. The buyer makes a loan application at a bank or financial institution for the purchasing of the fixed property as stated in the deed of sale between buyer and seller. The buyer must provide details regarding assets and liabilities for the loan process. Once the bank is satisfied that all conditions are met, a loan is approved for a specific amount at a particular interest rate. The conveyancing attorney must then attend to further details of the registration. This includes the letter of grant and the request for security for the loan in favor of the bank regarding the property.
The lawyer representing the bank will then contact the conveyancing lawyer for the draft of the title deed. Once done, the mortgagor is contacted by the bank attorney regarding identification documents. The bank lawyer will then draft the required bond registration documents and the purchaser will be asked to sign and make payments for the registration thereof. The lawyers will upon receipt of proof of payments prepare guarantees for the purchase price which will be sent to the conveyancing lawyers. A power of attorney is submitted to the Deeds Office and the required documents will then be investigated according to specific procedures and registered. The conveyancing lawyer will give the guarantees to the bank and payment of the required sum will then be made by the bank.
We have years of experience in dealing with bonds and conveyancing.
Divorce Matters
If you are involved in a divorce, you have the right to be represented by a lawyer however both parties cannot be represented by the same lawyer. Going through divorce proceedings can be very difficult and we aim to complete the process in a sympathetic and efficient manner.
High Court Litigation
HOW DOES THE LITIGATION PROCESS START?
The litigation process starts with a consultation with an attorney to determine the merits of the case. If the merits warrant it, summons will be issued and served on the Defendant.
WHAT IS THE DIFFERENCE BETWEEN THE MOTION PROCEEDINGS AND ISSUE OF SUMMONS?
The motion process is a shorter process due to the fact that the dispute is decided mainly by affidavits submitted by both parties. Summons must be issued when there is a possibility of a fact dispute and it will be necessary to give verbal evidence.
HOW SOON MUST SUMMONS BE ISSUED?
Generally most law suits prescribe within three years from the date that the cause of action arose and serving summons on the Defendant, will interrupt prescription.
IN WHAT JURISDICTION SHOULD SUMMONS BE ISSUED?
When deciding in what court to issue summons, usually the residential or work address of the Defendant will be the determining factor.
HOW LONG DOES THE LITIGATION PROCESS TAKE?
Litigation is a timely process due to the fact that attorneys must first exchange the necessary pleadings and only after the last pleading was served, can either the Plaintiff or the Defendant’s attorney apply for a court date.
WHAT HAPPENS AT A TRIAL?
At the trial, witnesses are called to testify and have to go through examination by the attorney who called him or her, must be cross-examined by the attorney for the Defendant / Plaintiff and if necessary be re-examined again by the attorney that called him or her. In a civil case, the onus of proof is a balance of probabilities whereas in a criminal case, the onus of proof is beyond reasonable doubt.
WHAT ABOUT THE COSTS?
The general rule is that the successful party is entitled to his or her attorney’s cost on a party and party scale. Party and party costs is the costs for an attorney that is necessary and reasonable to let justice prevail and are prescribed by the Magistrate Court Rules and the High Court Rules.
Due to the fact that each case has different merits, the above is only guidelines and the process might differ depending on the facts of the case.
With right of appearance in the high court as well as a pool of capable and competent advocates, we regularly represent clients in law suits brought before the high courts.
Our approach to litigation is to try and resolve disputes by the most commercially satisfactory method instead of lengthy and expensive litigation proceedings. Alternative means of dispute resolution are increasingly being adopted in suitable cases as an effective way of resolving disputes and are being recommended to our clients whenever appropriate.
Magistrates Court Litigation
The Magistrates’ Courts are the lower courts which deal with the less serious criminal and civil cases.
They are divided into regional courts and district courts.
In Criminal Courts the state prosecutes people for breaking the law.
Notarial Practice
To practice as a Notary in South Africa, an attorney must sit an additional examination and be admitted to practice as a Notary by the High Court. A Notary, by virtue of his office, is entitled to practice in certain areas of law that attorneys may not, for example the preparation and execution of antenuptial contracts, noting of documents, authentication of documents for members living abroad.
Although commercial practice has overtaken many spheres of Notarial work, the office of a Notary holds relevance particularly with regard to the fields of conveyancing, marriage and estate planning (antenuptial contracts) and with ever increasing family members living abroad, the authentication of documents.