As one of the leading Attorney Firms in the Southern Cape, the practice consists of Conveyancing, Estates, Litigation and Commercial Departments, driven by four Directors and eight attorneys, experienced and dedicated personnel and a well established infrastructure.
This stands the firm in good stead to specialize in specific facets of the law and by doing so provide a better and more informed service to our clients. As a result of the central positioning of the firm in the Southern Cape, we are easily accessible and available to our clients. The firm is very proud of it's longstanding association with Mossel Bay, the Southern Cape and Karoo.
“Our existence and the forging of longstanding relationships with clients and suppliers are deeply rooted in sincere trust, built through focused personal attention and service, to mutual benefit.”
THE FIRM - OUR LONGEVITY
Established since 1919 as one of the leading firms of Attorneys in the Southern Cape, Rauch Gertenbach prides itself in its rich history and strong association and relationships with clients throughout Mossel Bay, George, the Greater Southern Cape and the Karoo.
The firm’s longevity has been built around an innate ability to continuously meet and exceed clients’ needs and expectations, forging strong relationships built on mutual trust.
EXPERIENCE & SERVICES
Rauch Gertenbach offers its clients specialist services covering a wide spectrum of the Law and subsequent market demand resulted in fully fledged attorney offices having been established in Mossel Bay and George, including Fiduciary Services and Estate Administration. Our services are however not limited to our immediate surroundings as we associate ourselves with other highly qualified legal professionals and service providers to ensure our ability to assist and serve clients across the country.
- Conveyancing: Transfers, Bond registrations, Contracts
- Third Party Liability claims, including Road Accident Fund claims
- General Litigation, Divorce actions, Pre-nuptial agreements
- Commercial, Contracts and Labour Law
- Criminal Litigation
- Business Advice & -Coaching
- Estate Planning, Estate Administration and the drafting of Wills
- Liquidations, Insolvencies and Business Rescue
- Trusts: Drafting, Establishment and Administration of Trusts
WILLS / TESTAMENTS
In South Africa, we are afforded the right of freedom of testation. This means that we are free to bequeath our estates as we wish provided such bequests are not contra bonos mores and provided furthermore, that your will, as drafted and executed, is a legally valid will in terms of the Wills Act 7 of 1953.The gift of being able to leave behind and bequeath an estate is a precious one, but also one which requires due care and diligence when exercising.
Keeping the following factors in mind when instructing a wills draftsman on what your wishes are, shall surely prove to be beneficial:
Your marital status – If you’re married in community of property, keep in mind that there is no “yours and mind” but only “ours”. If you’re married out of community of property with accrual, be sure to familiarise yourself with the content of your ante-nuptial contract and furnish your wills draftsman with a copy thereof.
Testamentary Trust – Consider the use of a testamentary trust to prevent your minor child’s inheritance being paid to the Guardian’s Fund or to ensure that your spouse is provided for until his/her death or remarriage. Give due and proper consideration to who you wish to nominate as trustee(s) to act as custodian(s) and administrator(s) of your child or spouse’s inheritance.
Use of limited real rights – Beware of the hasty use of limited real rights such as usufructs, without considering the practical effects thereof. Speak to your attorney about the legal and practical consequences of such a right.
Alternative heirs – Keep in mind that your nominated heir may not be able or willing to accept his or her inheritance in terms of your will. Upon whom should such an unwilling or predeceased heir’s inheritance devolve?
Guardian of minor children – The Children’s Act 38 of 2005 grants parents the right to nominate a guardian or guardians in their wills in the event of their death and/or absence of a natural guardian.
Business interests & inter vivos trusts – Remember to make specific provision for your member’s interest(s), shares and loan accounts when bequeathing your estate.
Cash legacies and the residue of your estate – Be sure, when making cash legacies, that your estate will be liquid enough, after deduction of estate administration costs and liabilities, to give effect to these legacies. Also, be sure to know what the residue of your estate compromises.