Avela Nontso Attorneys Inc

Avela Nontso Attorneys Inc Call us for all your legal needs. Tel & Whatsapp: 0715898117
Email: [email protected].

Birthday breakfast meeting with the team 💕
31/10/2022

Birthday breakfast meeting with the team 💕

ANA Hike 💪🏾
24/10/2022

ANA Hike 💪🏾

Happy birthday to our wonderful legal administrator. 🌻🥳We love and appreciate you. May God bless you with many more year...
05/09/2022

Happy birthday to our wonderful legal administrator. 🌻🥳

We love and appreciate you. May God bless you with many more years! ✨

We would like to wish our amazing Associate a very happy birthday! May God bless you with many more Zee. We appreciate y...
16/03/2022

We would like to wish our amazing Associate a very happy birthday! May God bless you with many more Zee. We appreciate you. ✨🍾🥂

To all our valued clients & friends 🎄✨
25/12/2021

To all our valued clients & friends 🎄✨

Happy New Year!!ANA would like to thank all it's clients and friends for their support in the past year. Although it was...
01/01/2021

Happy New Year!!

ANA would like to thank all it's clients and friends for their support in the past year. Although it was a difficult year for most of us, your continued support kept us going amidst an unprecedented time in the world.

We would like to wish you a happy and prosperous new year. We shall continue to serve you with passion and dignity. 🎉🍾

Can an adopted child or a child born outside of a marriage inherit from a Deceased estate where there was no will?Legall...
18/11/2020

Can an adopted child or a child born outside of a marriage inherit from a Deceased estate where there was no will?

Legally adopted children and children born out of wedlock (because they are blood relations) are no longer excluded from inheriting from their parents. The only thing that can exclude them is a will which sets out the specific beneficiaries of the Deceased parent's estate. But where the Deceased parent did not leave such a will, according to the Intestate Succession Act, the adopted child or the child born out of wedlock is entitled to inherit the same equal share as the rest of the Deceased parent's children.

Example.

The Deceased is a divorcee who is survived by 4 children, 2 children born from the marriage, one legally adopted child and one child born from an affair while he was married. He did not conclude a will and leaves behind an estate worth R800 000.

The estate will be divided into equal shares among the four children and each child shall be entitled to R200 000 of the estate.

Visit our website www.avelanontsoattorneys.co.za in our bio or contact us on 0715898117 or [email protected] today.


Can my landlord evict me? 🏡Yes, your landlord can evict you. However, he cannot just evict you without an eviction order...
10/09/2020

Can my landlord evict me? 🏡

Yes, your landlord can evict you. However, he cannot just evict you without an eviction order granted by the court.

Section 26 (3) of the constitution provides that no one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances and no legislation may permit arbitrary evictions.

This is because everybody has a right to housing. Regardless of whether that person has defaulted on their rent or not but at the same time, everyone has a right to their property and not to be deprived of their property unlawfully. So the courts have to balance these two rights and make a decision based on the circumstances of the case.

Remember: the landlord may not evict you without a court order, he may not lock the doors or change the locks of the premises either. If this happens contact your attorney immediately for assistance.

Happy Women's Day 🌸🌸🌸
09/08/2020

Happy Women's Day 🌸🌸🌸

A parent of a child may approach a maintenence court within their area of jurisdiction to lodge a complaint against a co...
13/07/2020

A parent of a child may approach a maintenence court within their area of jurisdiction to lodge a complaint against a co-parent that is liable to support their child and has failed or has refused to do so. In South Africa, parents of a child (biological and adoptive parents) have a common law obligation to maintain and support that child until he/or she reaches an age whereby he/she is able to support himself/herself. Failure to pay maintenance can result in a fine or imprisonment.

Section 15 of the Maintenance Act provides that such support includes any support that the child reasonably requires for his or
her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.

When considering a reasonable amount for maintenance, the court will take the following 3 factors into account:
1)The duty of supporting a child is an obligation which the parents have incurred jointly;
2)The parents' respective shares of such obligation are apportioned between them according to their respective means; and
3) that the duty exists, irrespective of whether a child is born in or out of wedlock or is born of a first or subsequent marriage.

The court will decide on an amount that it considers to be a fair amount in light of the circumstances of the case.

A parents duty of support remains regardless of any other obligations to support any other children from his/her previous marriages.

What happens when someone dies without a will?When a person passes away, their estate will either devolve testate or int...
06/07/2020

What happens when someone dies without a will?

When a person passes away, their estate will either devolve testate or intestate. When a Deceased dies leaving a valid will, he dies testate and his estate will therefore devolve in accordance with the provisions of The Wills Act and his estate shall be distributed in accordance with the terms of the will that he has left behind.

If he or she did not have a will, the Deceased would have died intestate and his estate will devolve in accordance with the Intestate Succession Act in terms of which the estate will be divided between the surviving spouse and the Deceased's children.

Intestate Succession
If the Deceased was married in community of property, the surviving spouse will be entitled to his/her half share of the estate and the rules of intestate succession will only apply to the Deceased's half share. If the Deceased is survived by a spouse only. The spouse will inherit the Deceased's entire estate. If the Deceased is survived by a spouse & children, the spouse will receive a child's share or R250 000 whichever is greater. If the estate is less than R250 000 eg. R200 000, the spouse shall inherit the whole estate. If it is more, eg 500 000, & the Deceased has 2 children as well, then the spouse will receive R250 000 & the remaining R250 000 shall be divided amongst the two children. In the event that he Deceased has a large estate value eg, R5 000 000, & let's say he leaves behind a spouse and 3 children, the estate shall be divided in equal shares between all 4 of them. So they will each receive R1 250 000.

If the Deceased had a 4th child that passed away before Him (pre-deceased) , leaving behind 2 children (the Deceased's grandchildren), the Deceased's estate shall be divided as follows:
The spouse & all 4 children including the pre-deceased child will receive equal shares of R1 000 000 each. The share that belongs to the predeceased child shall be divided between the 2 grandchildren of the Deceased in equal shares of R500 000 each.

Visit our website www.avelanontsoattorneys.co.za or contact us today!

Address

Atrium On 5th, 9th Floor, 5th Street
Sandton
2196

Opening Hours

Monday 09:00 - 16:30
Tuesday 09:00 - 16:30
Wednesday 09:00 - 16:30
Thursday 09:00 - 16:30
Friday 09:00 - 16:00

Telephone

+27715898117

Website

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