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Contracts And Wills 

CONTRACTS 

In order for any contract to be valid, certain essential requirements need to be met:

  • Both parties must be legally competent to contract.
  • Both parties must reach a consensus on the terms of the contract.
  • The contract must not be inconsistent with moral values.
  • It must be possible to execute such contract
  • Agreements can be either oral or written, however, certain contracts have to be in writing in order to be valid and enforceable eg The Alienation of Land Act,1981 requires that an alienation of land must be contained in a deed of alienation signed by the parties to the contract. It is always advisable to have a contract reduced to writing to secure yourself and to avoid possible disputes or litigation or loss at a later stage.

    Contracts if not worded correctly can have disastrous consequences and could place you in a prejudicial situation. It is important to seek legal advise and have a contract drafted by an attorney as:

  • Many contracts contain what is commonly called “legal jargon” which a person without legal training and knowledge would not understand. However , many individuals attempt to simply cut and paste terms that they have obtained from other legal documents and incorporate them into a contract without fully understanding the implications thereof.
  • Furthermore, certain contracts must comply with prescribed statutory formalities.
  • We can secure you by ensuring that all relevant common law and statutory requirements or restrictions are observed, and that the contract correctly gives expression to the intentions of the parties to avoid disputes and litigation at a later stage. You can be rest assured that you will be able to enforce the obligations arising out of such contract if the other party is in breach. The contract in essence will be the essential tool upon which you will rely upon should the matter go to court.

    We are experienced in preparing various contracts including sale agreements, leases, shareholders agreements, sale of shares agreements and sale of members interest agreements, franchise agreements etc . We also provide a service of vetting contracts and providing a legal opinion on the possible pitfalls and other consequences of contracts already drafted by the other party. It is strongly recommended to NEVER just sign an agreement without fully understanding the terms and conditions and obligations of the parties.

    Make an appointment with our offices and let us assist you in vetting a contract or drafting a contract incorporating all the terms and conditions suitable to your specific needs.

    For detailed up to date legal advice on your specific situation and to set up an appointment, contact us.

    Wills 

    It is absolutely essential to have a will drafted in this day and age in order to avoid tax, legal and administrative problems for loved ones in a difficult time. By drafting a will you can also be certain that your assets will upon your death, be distributed according to your intentions and you have the opportunity to appoint someone that you trust as executor and administrator of your estate.

    In order for a will to be valid certain formalities as prescribed by the Wills Act 7, 1953 as amended need to be complied with. These are , the will must be in writing and signed by the testator and the witnesses must also attest and sign the will, etc. Let us assist you by ensuring that you have a legally enforceable will complying with all the necessary formalities and clearly setting out the distribution of your assets and heirs and administration thereof.

    The Master of the High Court is a government official with the duty to oversee the administration of deceased estates and ensures that the benefits are properly distributed in terms of the will.

    It is strongly advised to consult an expert to assist you in drafting a will, especially where minor children are involved.

    For detailed up to date legal advice on your specific situation and to set up an appointment, contact us.