Brune Attorneys is a firm specialising in property and notarial law. We are situated in the Silver Lakes area, in the east of Pretoria.

What can we do for you?

We offer a stress free, fast, efficient and accurate property transfer process for the benefit of our clients, each and every time. We are a respected and valued name, we work with professionals in our industry so that our clients never have to settle for anything less than perfect.

How do we add value?

We provide individual, personal attention to each of our clients. We believe that honesty and regular communication is the foundation of a strong relationship.

Our undertaking to you!

  • We focus on the individual need of our client by understanding that each and every transaction is different.
  • We communicate in plain English.
  • We take care of your transaction as if it were our own.

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Property Transfers

Notarial Work

Drafting of Contracts

Wills, Trusts and Estates

Contact Us

Brune Attorneys © 2019
084 548 4808
nina@brune.co.za
   
Disclaimer

Nina Brune

Nina Brune obtained a BA (English and Philosophy) degree in 1993 and a LLB degree in 1996 from the University of Stellenbosch and was admitted as an attorney of the High Court of South Africa in 1998.

Nina did her articles at Webbers Attorneys in Bloemfontein. She obtained her LLM degree at the University of Pretoria in 2001.

She opened her own practice in Kwa-Zulu Natal in 2006. Nina relocated to Pretoria in 2015 and continues to practice for her own account. She specialises in all aspects of property law, notarial work, contracts, trusts and estates. Nina is an avid runner and enjoys baking, cooking and reading. Nina lives in Pretoria with her husband, Anton and three children.

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THE TRANSFER PROCESS

  1. Seller and Purchaser sign the offer to purchase and it is received by the transferring attorney
  2. Transferring attorney
    • Requests the title deed from seller/bondholder
    • Requests bond cancellation figures from the existing bondholder
    • Requests FICA documents from seller and purchaser
    • Requests rates clearance figures from the local authority
    • Requests levy clearance figures from body corporate/HOA or managing agent
  3. Fulfillment of suspensive conditions:
    • Purchaser receives the bond grant
    • Transferring attorney receives cancellation figures and the title deed
    • Transferring attorney draws transfer documents
  4. Payment of costs & signature of documents
    • Transferring attorney requests payment of deposit in terms of the deeds of sale
    • Transferring attorney furnishes bond attorney with copy of title deed and Guarantee requirements
    • Seller and purchaser requested to sign transfer documents and pay transfer costs
    • Purchaser requested to sign bond registration documents and pay bond Registration costs
    • Transferring attorney lodges transfer duty with receiver of revenue via e-filling
    • Transferring attorney receives transfer duty receipt
    • Transferring attorney receives clearance figures
    • Transferring attorney pays local authority and receives clearance certificate
  5. Guarantees
    • Transferring attorney receives guarantees from bond attorney
    • Transferring attorney sends guarantee to bond cancellation attorney
  6. Lodgment at deeds office
    • Transferring attorney arranges with bond & cancellation attorney to lodge at Deeds office
    • Document examination process at deeds office takes approx 8-10 working days
  7. Registration
    • the transfer of property, registration of purchasers new bond and cancellation of sellers bond is registered simultaneously
    • guarantees electronically paid for payment
    • transferring attorney receives payment of guarantees, final statements drawn

Property Transfers

  • Freehold & sectional title transfers
  • Residential & commercial property transfers
  • Opening of sectional title registers
  • Private bonds
  • Drafting of offer to purchase

Notarial Work

  • Antenuptial contracts
  • Servitudes
  • General & special notarial bonds
  • Certification of documents & Apostille Certificates
  • Authentication of documents
  • Legalisation of documents for use in non Hague Convention countries

Wills, Trusts and Estates

  • Drafting of wills, winding up of estates, and registration of trusts

Drafting of Contracts

  • Negotiation, drafting, and vetting of contracts

FICA REQUIREMENTS

Individual

  • Copy of ID document (SA Citizens) / Passport (Foreign Nationals)
  • Proof of address less than three months old (for example utility bill, store account statement, bank statement with address, DSTV account, municipal letter)
  • Should you not have proof of address in your name, you may provide a declaration by a third party confirming that you share an address with them and provide the third party's proof of ID and proof of address (less than three months old)
  • Copy of SARS document confirming income tax number
  • Copy of bank statement confirming individual banking details (less than three months old)
  • If married, marriage certificate
  • If married out of community of property, antenuptial contract

Minor

  • Copy of the birth certificate (abridged or unabridged)
  • In the case of a guardian, provide documents confirming legal guardianship.
  • Copy of SARS document confirming income tax number of minor
  • Proof of address less than three months old
  • As the parent / guardian, you may provide a declaration confirming that:
  • You share an address with the minor
  • The minor does not have a tax number
  • Copy of ID document (SA Citizens) / Passport (Foreign Nationals) of parent / guardian
  • Copy of bank statement confirming parent / guardian banking details (less than three months old)

Non-Resident Individual

  • Copy of foreign ID / passport
  • Proof of address less than three months old
  • Should you not have proof of address in your name, you may provide a declaration by a third party confirming that you share an address with them and provide the third party’s proof of ID and proof of address (less than three months old).
  • Document confirming tax registration number
  • Copy of bank statement confirming foreign bank details of individual (less than three months old)
  • If married out of community of property, antenuptial contract

Estate Late

  • For the deceased we require the following:
  • Certified copy of death certificate
  • Copy of ID
  • Bank details of estate late account
  • Resolution (if more than one executor)
  • For the executor/s we require the following:
  • Copy of ID
  • Certified letter of Executorship / Authority
  • Proof of address (less than three months old)

Trust

  • Copy of Trust deed (if applicable, any deeds of amendment of Trust Deed)
  • Copy of Letter of Authority
  • Copy of SARS document confirming Income tax / VAT registration number for trust
  • Resolution signed by all Trustees nominating authorised signatory / representative
  • Copy of bank statement confirming trust account banking details (less than three months old)
  • For the authorised signatory / representative, each trustee, beneficiary and founder of the trust we require the following:
  • Copy of ID
  • Proof of address (less than three months old)

Company

  • Company registration documents
  • CM1- Certificate of Incorporation
  • CM2- Memorandum of Association
  • CM22- Notice of Registered Office
  • If applicable, CM9 or Certificate of Recognition (CoR) (CoR 18.1 and 18.3 for conversion from CC and CoR 15.1 for name changes)
  • Latest CM29 – Contents of Registrar of Directors, Auditors and Officers Business name if different from registered name
  • Proof of address (less than three months old)
  • Copy of SARS document confirming Income tax / VAT registration number for company
  • Resolution on company letterhead signed by all directors nominating authorised signatory / representative
  • Copy of bank statement confirming company banking details (less than three months old)
  • For the authorised signatory / representative and / or CEO, each director and each person or corporation with shareholding of 25% or more in the company, we require the following:
  • Copy of ID
  • Proof of address (less than three months old)

Close Corporation

  • Copy of Founding Statement (CK 1) and Certificate of Incorporation (if applicable, CK2 for any amendments to the Founding Statement)
  • Business address if different from registered address
  • Proof of address of the company (less than three months old)
  • Copy of SARS document confirming Income tax / VAT registration number for the CC
  • Resolution on the CC letterhead signed by all members nominating one signatory / representative
  • Copy of bank statement confirming bank details of the company (less than three months old)
  • For the authorised signatory / representative and each member we require the following:
  • Copy of ID
  • Proof of address (less than three months old)

Partnership Account

  • Copy of partnership agreement
  • Proof of address (less than three months old)
  • Resolution signed by all members nominating authorised signatory / representative
  • Copy of SARS document confirming Income tax / VAT registration number for the partnership
  • Copy of bank statement confirming banking details of partnership account (less than three months old)
  • For the authorised signatory / representative and each partner, we require the following:
  • Copy of ID
  • Proof of address (less than three months old)

Unincorporated Entities (e.g. Clubs, Churches)

  • Copy of document confirming list of all active members
  • Resolution signed by all members nominating authorised signatory / representative (a note to be made of bank details and possible tax implications for the nominated person)
  • Proof of address (less than three months old)
  • Copy of SARS document confirming Income tax / VAT registration number for the entity
  • Copy of bank statement confirming banking details of partnership account (less than three months old)
  • For the authorised signatory / representative and each member or partner, we require the following:
  • Copy of ID
  • Proof of address (less than three months old)
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CONTACT DETAILS

   

148/4 Trevor Crescent

Silver Stream Estate

Silver Lakes Road

Pretoria

0081

   

Postnet 246

Private Bag X37

Lynwood Ridge

0040

   

084 548 4808

nina@brune.co.za

CONTACT FORM

   

DISCLAIMER

All information on this website is made available by Brune Attorneys for informational purposes only and nothing thereof should be construed as legal advice. The user is accordingly cautioned not to take any action based on the content of this website but to always consult a suitably qualified lawyer. Brune Attorneys does not accept liability that would or could arise as a result of the contents of the website and any such liability is hereby excluded to the fullest extent allowed by law. All information on the website is subject to change without any notice.

Click here for online application

Online Special only:

R1 200.00 !

Types of marriages

There are two types:

  • Marriage in community of property.
  • Marriage out of community of property.
    • With accrual.
    • Without accrual.

If you do not sign an antenuptial contract before you get married, you are automatically married in community of property to each other.

What is an Antenuptial Contract

By signing an antenuptial contract the marriage will not be in community of property, but will out of community of property. Either with or without accrual. It must be signed by the persons entering into a marriage, two witnesses and a notary, and it must be registered in the Deeds Registries office within a prescribed time period.

What is the accrual system?

The accrual system is a formula that is used to calculate how much the spouse with the larger estate must pay the spouse with the smaller estate if the marriage comes to an end through death or divorce. Only property acquired during the marriage can be considered when calculating the accrual.

  • If there is no accrual system, then the spouses have their own estates which contain property and debts acquired prior to and during the marriage. Nothing is shared.
  • The underlying philosophy of the accrual system is that each spouse is entitled to take out the asset value that he or she brought into the marriage, and then they share what they have built up together.
  • The accrual system only applies if the marriage ends - either by divorce or death. You cannot claim your share of the joint estate while you are still married.
  • The following assets are excluded from the accrual system:
    • Any inheritance received
    • Donations or gifts that the spouses may give to each other
    • Any asset explicitly excluded according to the terms of the antenuptial contract

Learn more about the different options:

A marriage in community of property is the cheapest form of marriage, but there are serious financial implications. The spouses estates (what they own and their debts) are joined together and each has the right of disposal over the joint assets.

All assets belonging to a spouse prior to getting married and all assets accumulated during the marriage will fall into the joint estate. Likewise all liabilities incurred before and during will form part of the joint estate. These liabilities can even include maintenance payable as a result of a prior marriage and extra-marital children.

Advantages

  • The assets will be split equally in the event of a divorce.
  • You manage your assets together.
  • It requires no additional effort or expense.
  • Creditworthiness is linked throughout the duration of the marriage. If your credit record was less than perfect, getting married may help to improve your credit standing.

Disadvantages

  • Each party becomes liable for the other’s debt.
  • If one spouse is declared insolvent, both are insolvent.
  • There is a lack of financial independence. Should you need to sign new credit agreements, you need to obtain written consent from your spouse.
  • In the event of death, the joint estate can be frozen until all legalities have been resolved.
  • Creditworthiness is linked throughout the duration of the marriage. If your spouses credit record is less than perfect, getting married may impact negatively on your credit standing.

This is the ideal way to get married. All the assets that each party owns prior to the marriage can be either excluded or included in the accrual. If no assets are excluded in the antenuptial contract, the value of each party's estate at the commencement of the marriage is deemed to be nil. Each parties liabilities remain their own, whether incurred before or during the marriage and never form part of the joint estate.

All assets that were yours prior to the marriage remain yours and all assets accrued during the marriage belong to you both.

Advantages

  • The spouses do not share their assets acquired before their marriage (but only if excluded in the antenuptial contract or included in the commencement value of the estate).
  • During the course of the marriage, each spouse manages their own estate as they see fit. No permission is required from the other spouse.
  • The spouses are not liable for each others debts. All they share is their net assets. So if one spouse becomes insolvent, the other spouse is protected against creditors.

Disadvantages

  • The economically more successful spouse has to share their financial gains they made during the marriage.

This system gives each spouse absolute independence from the other spouse. Their estates are completely separate. This type of marriage is ideal for couples who already have their own substantial estates, were married previously or have chlidren from a previous marriage.

Advantages

  • The spouses do not share their assets acquired before or during the marriage.
  • During the course of the marriage, each spouse manages their estate at will. No permission is required.
  • The spouses are not liable for each others debts. All they share is their net assets. So if one spouse becomes insolvent, the other spouse is protected against creditors.
  • The economically more successful spouse does not have to share their financial gains they made during the marriage.

Disadvantages

  • The economically weaker spouse, traditionally the woman, does not get to share the the estate of the financially stronger spouse, even though she may have indirectly contributed to the growth of his estate by running the household and looking after the children.
`

Click here for online application

Online Special only R1 200.00 !

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The Process

Step 1 Icon

Complete online antenuptial form

Step 2 Icon

First confirmation email

On receipt of your completed online antenuptial form we will send you a email acknowledging receipt thereof and requesting any outstanding information and supporting documents. The email will also include the statement of account and banking details.

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Payment and Documentation

On receipt of the abovementiond email you must submit any outstanding information and documents an effect payment.

Step 4 Icon

Second confirmation email

On receipt of proof of payment we will prepare a draft of you antenuptial contract and email same to you, together with a Special Power of Attorney, authorising our offices to sign the documents before a Notary on your behalf.

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Print and sign documents

Both party's sign the Power of Attorney and draft antenuptial contract and email back to us. The originals must be sent to us via registered post, counter to counter or couriered.

Step 6 Icon

Signature and letter for marriage officer

On receipt of the original documents, which we file in our Protocol, we will appear before the Notary to execute the antenuptial contract on your behalf. We will then provide you with a letter for the marriage officer, confirming that you have entered into a antenuptial contract.

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Registration at Deeds Office

We will lodge the antenuptial contract in the Deeds Office for registration. On release from the Deeds Office we will return the registered antenuptial contract to you.