Boutique Law firm specializes in litigation, conveyancing, alternative dispute resolution, family law, estate administration, and collections. We are a law firm with a genuine concern for our clients and the problems that befall them. What makes us stand out above the rest is our positive, solution-driven attitude as well as our passion for our work and service excellence.
We do not stand on ceremony and our friendly professionalism facilitates a calm place in the storm where issues will be ventilated, and solutions explored and implemented as quickly and inexpensively as possible. We believe in keeping things simple, so you will not receive from us overly verbose documents full of mind-numbing legalize. We believe in simple, concise, and to the point. The law is complicated enough! Whilst we will focus on promoting collaboration between all parties in family matters, to achieve healing and create the stepping stones for a civil and positive future, some solutions will warrant firm and professional litigation, there will be no other course of action.
About our Owner: Bev Loubser commenced practicing for her own account in 2004 when she left the corporate world to create a more acceptable work/home balance and spend more time with her two children. Her practice has grown over the years and she is now assisted by two attorneys and two articled clerks
Administration of Deceased Estates When a loved one passes away it is often left to the surviving spouse or family members to administer the deceased’s estate, and the prospect can be completely overwhelming. The Master of the High Court will require that the deceased’s estate be administered in terms of inter alia the Administration of Estate’s Act 66 of 1965.
In certain circumstances, the Master will require the family to approach an attorney to assist them with the administration of the estate. Executor’s fees are, in terms of the Administration of Estate’s Act, 3.5% of total assets. Co-Habitation Agreements Many couples are opting out of marriage and electing to merely reside with one another, children often follow. Such a “common law marriage” is not yet recognized in South Africa and when this couple decides to end their relationship the resultant separation can sometimes be extremely prejudicial to one or both of the parties as there is no recorded agreement governing their intertwined financial affairs. The parties often also fall outside of the safeguards a marriage would have afforded them, eg. a reciprocal duty of support. A cohabitation agreement is an agreement similar to an Antenuptial Contract, it will record the parties intention regarding the proprietary aspects of their relationship in the event of the relationship ending or one of the parties dying. Commercial Contracts & Litigation In our view, it is better to have a written agreement governing your commercial relationships than rely on a verbal agreement that can be open to dispute. Having your paperwork in order can often mean the difference between enforcing your rights and learning one of life’s expensive lessons. Litigation is a process whereby the disputing parties can have their day in court, present their evidence, and have a Court adjudicator (Magistrate or Judge) decide on the outcome of their dispute. It is a lengthy and costly exercise. Domestic Violence Domestic violence is a serious social evil. Regrettably, there is a high incidence of domestic violence in our society. Domestic violence takes on many forms and may be committed in a wide range of domestic relationships. The Domestic Violence Act 116 of 1998 was therefore enacted to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide.
Any person (the complainant) who is or has been in a domestic relationship with a person (the respondent) and who is or has been subjected or allegedly subjected to an act of domestic violence, including a child in the care of a person (the complainant), can approach the Court for protection.
A domestic relationship means a relationship between the complainant and a respondent in any of the following ways:
(a) they are or were married to each other, including marriage according to any law, custom, or religion;
(b) they (whether they are of the same or of the opposite sex) live or lived together in a relationship in the nature of marriage, although they are not, or were not, married to each other, or are not able to be married to each other;
(c) they are the parents of a child or are persons who have or had parental responsibilities and rights for that child (whether or not at the same time);
(d) they are family members related by consanguinity, affinity, or adoption;
(e) they are or were in an engagement, dating, or customary relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration; or
(f) they share or recently shared the same residence.
Domestic violence means:
(a) physical abuse;
(b) sexual abuse;
(c) emotional, verbal and psychological abuse;
(d) economic abuse;
(h) damage to property;
(i) entry into the complainant’s residence without consent, where the parties do not share the same residence; or
(j) any other controlling or abusive behavior towards a complainant; where such conduct harms or may cause imminent harm to, the safety, health, or wellbeing of the complainant. Visit the Justice website for more on domestic violence.
Property / Conveyancing Our Conveyancing Department can assist you with any property transfer. Wills & Trusts There are a number of websites providing information on why you need a Will, hints when preparing a Will, who can sign a Will, etc. As a Will comes into effect on your death, and therefore cannot be changed, it is imperative that it is drafted correctly. It is therefore important that you seek the services of an experienced attorney to assist you in drafting the content of your Will. As we see daily in our administration of the estate department, the consequences of people dying intestate or with a badly drafted Will are sometimes heartbreaking, invest in your family’s future, but spending time on a properly drafted Will.
Address: 1st Floor, Block B, Aspen Village Shopping Centre, Aspen Lakes Drive, Aspen Lakes Johannesburg, South Africa
Bev Loubser Attorneys
Telephone: +27 11 432 8605/8
Social Media Link: https://www.facebook.com/bevloubserattorneys