General
In addition to our other fields of expertise we also offer the following services
- Assistance with delictual claims such as defamation, pure economic loss and third-party claims;
- Evictions;
- Estate Planning, drafting of wills and administering of deceased estates;
- General legal advice
Delicts
We also institute (and defend) delictual actions on behalf of our clients.
A delict is either an intentional or negligent unlawful act (or failure to act) that causes damage or loss to another person. Examples of delicts are:
- Someone collides into your motor vehicle and your vehicle needs to be repaired;
- Someone insults you, be it in person, telephonically or electronically and you want damages (compensation) from that person for injuring your feelings;
- A person defames you. Defamation refers to where someone says something about you which causes other people to think less of you. Such defamation can be done verbally or electronically, e.g. by sending an email to various persons in which you are ridiculed;
- One competitor is unfairly competing with another competitor by, for example, stealing his designs, sabotaging his business or spreading false rumours about him.
We also institute (and defend) interdict proceedings on behalf of our clients.
An interdict is a court order that either compels someone to do something or prohibits that person from doing something. For example:
- if your neighbour is causing a nuisance on his property, by e.g. continuously playing loud music, you can obtain an interdict against your neighbour ordering him to stop playing loud music;
- if your competitor is spreading false rumours about your business, you can obtain an interdict against him.
At Gerrie Ebersöhn Attorneys you will be allocated a dedicated team to assist you with your matter, investigate all aspects of your case and keep you up to date on the status of your matter.
Wills
Nobody likes to contemplate their own death but still more painful is the thought of causing their loved ones further suffering during such a difficult time. This is where we come in. At Gerrie Ebersöhn Attorneys, we know that the best thing that one can leave your loved ones is a well drafted Will.
The Need For A Will
A Will is a written, legal document in which a person, referred to as the testator/testatrix, stipulates how they wish their estate to be handled and distributed after their death. Note that your estate is made up of your assets (such as property, money, vehicles, furniture etc) and your liabilities (any debts and liabilities).
A Will is an important tool for everybody no matter how big or small their estate is. The complexity of the Will is determined by the person’s assets and liabilities, whether minor children are involved, any business interests held and whether estate duty falls due for payment or not.
In your Will you will be able deal with the following issues:
- Nominating a guardian for any minor children
- Dividing your assets and thereby ensuring that your surviving spouse and your children are taken care of. You can, for example, create a trust in your Will, nominate those persons whom you trust to be the trustees of the said trust, which trustees will then take care of your children, utilising the assets / monies in the trust, according to the minor children’s needs
- Nominating an executor for your estate
- Preferences regarding your burial/cremation.
It is also important to revisit one’s Will every few years, as one’s circumstances may have changed since the Will was prepared. Therefore, an updated Will is essential.
Intestate Succession
Should a person die without leaving a legally valid Will, their assets and property will be distributed in terms of the Intestate Succession Act 81 of 1987. This Act sets out certain prescribed beneficiaries – the legal spouse, children (including illegitimate children) and blood relatives – who will inherit from the deceased estate in prescribed proportions according to a prescribed process. The deceased’s wishes are not taken into consideration at all.
Therefore, the said Act takes away any choices that you may have had in the distribution of your estate. Hence, why it is so important to have a properly drafted Will.
Other Fields of Practice
"*" indicates required fields