ESTIMATE GENERAL PRICE GUIDE

Administration of Estates, Wills, and Trusts

The administration of deceased estates and estate planning, requires specialised skills and insight, something we at Anthony Wilton Thinane Inc. take pride in.

Our estate planning services – which may involve the formation of trusts, or the drafting of, legally sound wills – gives our clients the confidence and peace of mind in this important aspect of their personal planning.

We will attend to the following:

• Drafting of your Will and Testament
• Administration of deceased estates, both testate and intestate estates
• Assistance in drafting testamentary and living deeds of trust

Packages

• Estates:

• Wills and Trust:

Antenuptial Contract

Are you getting married and need and Antenuptial Contract “ANC” we at Anthony Wilton Thinane Inc. understand the stress a wedding can place on a couple and we have streamlined our processes that when your consultation is over with our attorney your Antenuptial Contract is signed and ready to go to the Registrar to be Registered.

Notaries

A Notary Public is a specialist attorney who has an intimate knowledge of certain acts, and the processes prescribed therein, and who is legally empowered to officially witness signatures, take statements and certify the validity of documents. Here at Anthony Wilton Thinane Inc. we strive to assist you as best we know how, with our knowledgeable Notaries.

Here are some documents that we can assist you to be Notarised, Authenticated or Legal Lise:

• Birth Certificates, Death Certificates, Single Status Certificates, Divorce Certificates, Police Clearance Certificates, Power of Attorney, Copies of ID’s or Passports, Educational Documents, and many more.

Business Lawyer

A Business Lawyer is an attorney who focuses on providing legal advice and services at a cost to business owners on issues that could affect their entities. Our Business attorneys will advise you with sound knowledge that you require to take your business to greater heights and assist you in reaching your businesses’ full potential while keeping it running efficiently as well as legally.

Child Custody Law

This field of law is probably the most personal and emotionally field of law and requires an appropriate and sensitive approach as it generally relates to:

Child custody refers to the legal relationship between a parent and his or her child. Custody includes the parent’s right to raise, care for as well as make decisions regarding the child. It is a decision that is made entirely by the court as to which parent will have full care, control and responsibility of the child. Custody may be assigned to either one parent or both parents jointly.

Child Maintenance Law

This field of law is probably the most personal and emotionally field of law and requires an appropriate and sensitive approach as it generally relates to:

Child custody refers to the legal relationship between a parent and his or her child. Custody includes the parent’s right to raise, care for as well as make decisions regarding the child. It is a decision that is made entirely by the court as to which parent will have full care, control and responsibility of the child. Custody may be assigned to either one parent or both parents jointly.

Civil Litigation Lawyer

The law of contract, delict and enrichment are the basis around which civil litigation revolves. We act on behalf of our clients in various High Court, Regional Court and Magistrate Court matters.

Our client’s interests are our primary concern, and we are therefore always aware of our client’s perception of the initial problem, the desired result and what is required to achieve this result.

We assess every matter on its merits and not necessarily on the quantum of the matter. We will decide if it is necessary and appropriate to appoint Counsel in a particular matter and in this regard, we consider especially the complexity of the matter and the legal fees which will be incurred.

The litigation techniques and expertise which we have gathered over many years has proven invaluable to all the other fields of law in which we practice and applied on a continuous basis within all our departments.

We deem ourselves to be fully capable of representing our clients in accordance with their individual needs.

Corporate and Commercial Law

The importance of the legal profession to the corporate and commercial world cannot be emphasised enough

We assist our clients daily with the drafting and interpretation of a wide variety of commercial contracts.

We, therefore, have the necessary expertise and experience to enable us to draft an agreement to satisfy the specific requirements of our clients. We are always further cognisant of the contents and implications of the Consumer Protection Act, 68 of 2008, as well as the Companies Act, 71 of 2008.

Our aim is always to provide our client with an agreement which best achieves their desired outcomes but also one which preserves and protects their rights and interests.

Conveyancing

The conveyancing process involves the transfer of ownership of a property in the deed’s office, which also includes the registration of mortgage bonds over immovable property.

The field of conveyancing is highly specialised and requires the necessary qualifications, expertise, and experience. We are also keenly aware that the process of buying or selling immovable property can be a very daunting prospect for the individual and it is often the most important investment a person will ever make. Our conveyancing team has several years’ experience and is able to efficiently guide you through the process and answer any question which you may have.

Our conveyancing department provides the following services:

• Transfer of immovable property
• Transfer of immovable property from a deceased estate, whether it is a testate or intestate estate
• Drafting and registration of servitudes and notarial deeds
• Drafting and registration of general and special notarial bonds
• Authentication and notarising of documents to be used abroad

Credit and ITC Clearing

ITC and credit clearing we will assist you in getting out of negative credit score for a fee.

Criminal Law

Criminal Law is the main body of Law that defines criminal offenses and regulates the apprehension, charging and trial of suspected persons and fixes penalties and modes of treatment applicable to convicted offenders.

Debt Collection

In this day and age, debt collection has unfortunately become a practice area in its own rights. The feasibility and viability of such a practice depends largely on the commitment to recover the debt in the most cost-effective manner and to provide value for our client for the fees which they incur.

We are also aware that it is imperative that an attorney which practices in this field must have a thorough knowledge of the National Credit Act, 34 of 2005 and we pride ourselves in our knowledge thereof.

Attorneys acting on behalf of the creditor are entitled to recover a portion of the costs of collecting bad debts from the debtor. It is, therefore, our goal to recover not only the outstanding capital debt but also interest (where possible and applicable), legal fees and collection commission.

Divorce

A judicial declaration in the terminating of a marriage, especially one that releases the marriage partners from all matrimonial obligations. A divorce decree establishes the new relations between all parties involved including their duties and obligations relating to all the property that both parties own as well as support responsibilities of either party.

• Uncontested Divorce: Both parties are in agreement with the divorce.
• Contested Divorce: Both parties are not in agreement with the divorce.

Environmental Lawyer

Our Environmental Lawyers works within the bounds of the legal system to help ensure protection for the environment and all its resources. Environmental Lawyers simply enforce and apply the various environmental protection legislation and bills passed by the police, state or even the government in any given area.

Evictions

Eviction is the process of officially and legally forcing someone to leave a house, piece of land or even a property. We can assist you in the eviction process.

• Unlawful occupants need to be notified of the property owner’s intention to have them evicted.
• An application is brought before the Court to have a written notice, stating the owner’s intention to evict, served on the occupants.

Expungement of Criminal Records

Expungement of Criminal Records is the process by which a criminal record of a convicted offender is removed from the criminal record database of the Criminal Record Centre of the South African Police Service. This service allows one to carry on with life as they normally would without having a criminal record behind their name, which might be an obstruction in the future for employment opportunities or immigration.

Firearm license

A firearm license, also known as a gun license, is a license/permit that is issued by government authority, this allows the licensee to buy, own, possess or carry a firearm. However, keeping in mind that there are a number of conditions or restrictions, especially with regards to storage requirements or the completion of a firearm safety course as well as background checks.

Immigration

Immigration is the international movement of people to a desired country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents.

Insolvency

Insolvency is a term for when an individual or organization can no longer meet its financial obligations to its lenders as debts become due or even sometimes overdue. Before an insolvent company or individual gets involved in insolvency proceedings. It will likely be involved in informal arrangements with creditors such as setting up alternative payment arrangements. 

Labour Law

Liquor License

Liquor Licenses are divided into two distinct categories and they are as follows:

• On Consumption Liquor License (Liquor sold may only be consumed on the premises and may not be removed from the premises).
• Off Consumption Liquor License (Liquor sold may not be consumed on the premises).

Liquidation

Liquidation generally refers to the process of selling off a company’s inventory, typically at a big discount, to generate cash. In most cases, a liquidation sale is precursor to a business closing. Once all the assets have been sold, the business is then shut down.

Litigation

The law of contract, delict and enrichment are the basis around which civil litigation revolves. We act on behalf of our clients in various High Court, Regional Court and Magistrate Court matters.

Our client’s interests are our primary concern, and we are therefore always aware of our client’s perception of the initial problem, the desired result and what is required to achieve this result.

We assess every matter on its merits and not necessarily on the quantum of the matter. We will decide if it is necessary and appropriate to appoint Counsel in a particular matter and in this regard, we consider especially the complexity of the matter and the legal fees which will be incurred.

Our professional team and support staff have also had extensive criminal litigation exposure in various districts and regional divisions of the Magistrates’ Court relating to all criminal matters.

The litigation techniques and expertise which we have gathered over many years has proven invaluable to all the other fields of law in which we practice and applied on a continuous basis within all our departments.

We deem ourselves to be fully capable of representing our clients in accordance with their individual needs.

Medical Negligence

Medical Negligence is defined as the improper or unskilled treatment of a patient by a health care professional. This can include negligent care from a nurse, physician, surgeon, pharmacist etc. Medical Negligence forms the basis for the most medical malpractice claims where the patient is claiming injury from medical treatment.

Patent, Trademark and Copyright

Patent – The primary goal of the Patent Law is to encourage innovation and commercialisation of technological advance.

Trademark – A Trademark is a word, phrase, symbol and/or design that identifies and distinguishes the source of the good/service of one party from that of others.

Copyright – A copyright is a collection of rights automatically vested to you once you have created an original work.

POPI Compliance (to be discussed / Training / Audits/ Assistance)

The POPI Act is a comprehensive privacy law that is mandatory for all businesses within the private and public sector that process personal information in South Africa. It seeks to protect and regulate the processing of personal information, falling into the broader Constitutional Right to privacy.

Personal Injury

A personal injury lawyer is a lawyer that provides legal services to those who claim to have injured physically or psychologically, as a result of the negligence of another person, company etc. Personal injury lawyers primarily practice in the area of law known as tort law.

• PRASA:

You may have a personal injury claim against PRASA if you sustain injuries on a Metrorail train station, on a train or when boarding or disembarking, if your injuries resulted from negligence on the part of Metrorail or its employees.

For example, injuries that lead to claims may occur as a result of:

• collisions between trains or between a train and another vehicle, for example at a rail crossing
• slips or falls on South African Rail Commuter Corporation property where potentially dangerous conditions exist, especially if there are no warning signs
• attacks that occur on stations or in trains, where insufficient security measures are in place to protect commuters
• passengers being struck by trains or by vehicles, equipment or other objects on stations
• train derailments
• falls from the train due to doors not being closed while moving
• signals passed at danger (SPADs) – when train drivers pass danger signals without the authority to do so.

Professional Negligence

Professional negligence or malpractice is defined as the failure of one rendering professional services to exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury, loss or damage to the individual.

Road Accident Fund and Personal Injury Claims

The personal injury department at Anthony Wilton, Thinane Inc was established to assist clients with possible claims in terms of the Road Accident Fund Amendment Act which became effective in August 2008.

In all our personal injury and medical negligence matters, we can assist clients on a contingency fee basis, dependant on the merits of the particular matter.

Sequestration

Levy Collections

A levy is an amount determined by the trustees of a Body Corporate payable by each owner/member of the scheme in proportion to the size of their unit, and that amount is determined for the year going forward. Each owner/member is liable to contribute towards the running costs of the Body Corporate as they are part of the scheme as well.

CSOS Arbitration and Sectional Title

The landscape for owners on the one hand, and body corporates on the other hand, of sectional title schemes in exercising their respective rights and obligations changed significantly on 7 October 2016, when two pieces of legislation came into force – being the Sectional Titles Schemes Management Act No 8 of 2011 and the Community Schemes Ombud Service Act No 9 of 2011 (the CSOS).Prior to the commencement of these two pieces of legislation, owners in particular, were limited to approaching the courts should they become embroiled in any dispute with either one of the other owners and members of the body corporate or the body corporate themselves.

CSOS creates what is intended to be a more inexpensive and speedy process and method to have these types of disputes adjudicated.

Section 38(1) of the CSOS provides that any person may make an application for adjudication of a dispute if such person is a party to or affected materially by a dispute”.

We can assist you with this process and provide you with the legal assistance through this entire process.

Surrogacy

A surrogate is a woman who carries a baby on behalf of future parents who are medically unable to do so themselves. Alturistic surrogacy is legal in South Arica. It is governed by a complex set of legal, medical, and ethical guidelines that can be frightening at first glance. However, it is a wonderful and deeply satisfying experience built on mutual respect, partnership, and teamwork.

Surrogacy is an enormous commitment on many levels, and we will help you feel informed, committed, and always supported. If it were not for women who are willing to perform this ultimate act of human kindness, there would be so many couples who would be forced to face a future of broken hearts and empty arms.

We proudly state that we are specialists in this field of law. We have drafted numerous surrogacy agreements and High Court applications and have achieved great success. in jurisdictions all over the country. We have also compiled a substantial memorandum setting out the requirements for prospective clients and to assist such clients wishing to proceed with surrogacy applications. We have further recently had a matter decided in the High Court in Pretoria before a panel of two judges which has set a precedent for surrogacy applications in all jurisdictions.

Unlawful Detentions

When the police arrest, they often mostly exceed their powers to arrest and lose sight when it is appropriate and necessary to arrest.  When you are arrested your liberty to freedom is infringed and which is a basic human right. Arresting must only be done where necessary.

At Anthony Wilton Thinane Inc. We understand the trauma that you suffered when you were arrested.

Once our experienced attorneys consider and understands the circumstances that lead to your arrest, you will be in a better position to sue the Minister of Police.

Also, during your arrest you may have experienced police misconduct.

This includes:

• excessive use of force
• police brutality
• prison injury
• illegal or improper search
• sexual abuse.

What constitutes a valid claim against the police?

The following incidents can be grounds for a claim against the police:

injury or death while in police custody, or because of police actions

loss of income due to unlawful detention

• loss of support if a breadwinner dies because of a police incident
• rape by a police officer (on or off duty) or while in police custody
• torture or assault by police or assault while in police custody
• the discharge of a firearm
• unreasonable loss of freedom
• medical costs for physical, emotional, or psychological harm as a result of unreasonable police actions
• arrest without justifiable cause
• malicious persecution
• impairment of dignity.