Tuesday, September 30, 2014

Welcome



Welcome to Mc Naught and Company's inter-active law site. Here you will be able to read about our latest news and views, link to other useful sites that concern the process of buying or selling a home and find out all you will need to know.


You can also post questions or comments and we will help you as best we can. Thank you for taking the trouble to find us.

Friday, September 19, 2014

Amanzimtoti Staff

Here's the hard-working bunch that are keeping the Toti office of Mc Naught and Co spinning - Partner Dave Mc Naught, Professional Assistant and Attorney Mika, Sharon and Candice and in the bottom photo we are joined by Patricia.
 



Wednesday, September 17, 2014

Surrogacy Agreements

The instances of couples, where one is infertile or in same-sex relationships, taking on a surrogate mother for their future child are growing in South Africa. It is important for the sake of the biological mother, the couple and the child that adequate protection exists for the respective interests of all. This has been recognised by the Government here.
 
Children's Act
 
Surrogate motherhood agreements are governed by the Children's Act 38 of 2005. Section 292 requires such an agreement to be in writing, signed by all parties and confirmed by the High Court.
 
Section 296 (1) (a) provides: "No artificial fertilisation of the surrogate mother make take place.. before the surrogate motherhood agreement is confirmed by the Court". Furthermore there is also section 303 (1) which provides: "No person may artificially fertilise a woman in the execution of a surrogate motherhood agreement or render assistance in such artificial fertilisation, unless that fertilisation is authorised by a court in terms of the provisions of the Act." In terms of section 305 (1) (b) read with 305 (6) - (7) carrying out an artificial fertilisation contrary to the provisions of the Act is a punishable offence. (Acknowledgement to de Rebus)
 
We can help
 
Clearly it is in the interests of all parties contemplating surrogacy that they get correct legal advice before taking the next step. We at Mc Naught and Company are able to provide such a service and help you get started with the family you have always wanted.
 

Get your FREE will

It's national Wills Week and you can get yours free now through Mc Naught and Company and other participating attorneys. Download one off our website link or call in to draft your free will. http://maclaw.co.za/estates.php
 
 

Tribute to VAL

Val Herbert, who retired from our office at the end of last year at the ripe old age of 77, having worked for over 20 years as our bond registration specialist, has passed away after a short illness.
 
We pay tribute to Val for her tireless, loyal and dedicated work over all those years. Val loved a party and we had many with her dancing around the pole, enjoying our sea cruises and being the life of the party. She was reknowned for her expertise in registering mortgage bonds for the banks and routinely had Mc Naught and Company up in Standard Bank's top-10 for registration efficiency in Kwa-Zulu Natal. An avid bowler she will also be sorely missed by her friends at Wentworth Bowling Club where she notched up several victories over the years.
 
Val Herbert (right) seen with Molly, partner Dave's Mom, who is another long-standing Staff member

Val Herbert (centre) at a company function with Marlene (left) and partner Mark Leathers (right)

Tuesday, July 22, 2014

Wedding Bells

The romantic destination of Paris, France, was the setting Partner Mark and Lisa chose for their wedding yesterday. Perhaps the peals of the bells of Notre Dame could be heard and the backdrop of the Eifel Tower made a fitting setting for the marriage.

The staff at Mc Naught and Company join in congratulating Mark and Lisa on their wedding and wish you both great happiness in your life together.

Lisa and Mark in Paris for their wedding

The beautiful Eifel Tower at night

Thursday, July 10, 2014

Best Attorneys in the South

Another prestige award for Mc Naught and Company, scooping the Absolute Best Readers' award in the Sun Newspapers group Best Legal Services category.

In the photo Partner Dave Mc Naught and his Candidate Attorney from the Bluff Office receive the award at an awards event at the Bluff National Park Golf Club this evening.

Congratulations to the hardworking staff at our offices who have made this award possible again this year, having received the award for a few years since the competition began.

Dave Mc Naught and Guy Hankinson receive Mc Naught and Company Attorneys Best Legal Services Readers' Award from the Sun Newspaper group.


Thursday, June 26, 2014

Property Developments: Emzini Mews and Cupido Gardens

Ivan Pretorius, Property Developer of the Emzini Mews development of 50 units in Athlone Park Mc Naught and Company are handling as conveyancers for the sectionalisation and transfer, took this photo from the air of the completed development.

The Emzini Mews development in Athlone Park.

Cupido Gardens phase 2 is presently under construction
Mc Naught and Company are also processing sales agreements for the developer's 2nd project locally, this one in Woodhurst, Chatsworth.

Monday, June 09, 2014

Mika is a new Attorney and Conveyancer


Congratulations to Mika from our Amanzimtoti office who was admitted to practice as an Attorney and Conveyancer simultaneously on Friday 6 June. The three judges of the full bench of the High Court in Pietermaritzburg enthused that it was unusual for a double admission as both an attorney and conveyancer.  

Articles

Mika served her 2 years Articles with Dave and was did both general law training as well as mortgage bonds and property transfers during her articles and then passed both the attorneys admission and conveyancing exams to qualify for the simultaneous admission and dual qualification. 

Mika stays on with Mc Naught and Company at our Amanzimtoti office as a Professional Assistant to the firm. Excellent achievement Mika!!          Mc Naught and Company website


Lease info important for later evictions

Evicting  defaulting tenants can be fraught with difficulty. 

It is important when taking on a new tenant to establish that in the event of them having to move, they have an alternative place to move to - get this is writing at the time the lease is signed as you have to prove this before you can get them evicted, as the courts won’t evict someone who may then be homeless.




Property fraud increasing


Identity theft is one of the problems facing conveyancers where a property seller presents himself as the Owner with corresponding identity documents to pass transfer to a buyer.  The unsuspecting attorneys and buyers effect registration and when the buyers attempt to take occupation they find that the real owner has never sold the property and the fraudulent seller has vamoosed with the proceeds.

Scrutinise documents

Careful scrutiny of identity documents and Fica is critical to help prevent cases like this being successful for the fraudster. Our Toti offices have already thwarted two attempts at fraud in this way.


June newsletter published

Our June newsletter is out.. either click on the image to enlarge and read, or look at the stories above which I will extract from the newsletter and publish here.


Visit our Mc Naught and Company website for the services we offer and more about us.

Friday, May 30, 2014

Seaplane Attorney

Mc Naught and Company partner Dave Mc Naught is possibly South Africa's only Attorney qualified to fly seaplanes with a current seaplane rating he earned in Arizona, United States, last month.

Dave is an accredited member of the worldwide Seaplane Pilots Association and did his training on Lake Havasu, Arizona, to earn his rating and USA pilot's licence which he holds with his South Africa private pilot's licence. Read more here.

Dave on his flight test, having learned to beach the plane, and take off and land in various conditions on water during his training to become a seaplane pilot.

Dave is one of a few South Africans who belong to the Seaplane Pilots Association


Time to Vote for us please

It's time to vote for us if you have received great service this year, which we trust is the case. it's the Southlands Sun Best Servicve awards which we won last year.. please follow the link and vote for us and help keep us in top form for bringing you the best in the south..

Southlands Sun Best Awards 2014