With a dedicated and committed team we strive to add value to all our customers and alliance partners.
Risk Advisory Services
We follow an ISO31000 approach to risk identification and advice on risk mitigation. We provide the A-Z in terms of risk management.
We provide advice on contracts and use litigation in our risk approach to provide practical and effective advice.
Advice on all IR & Human Resources (HR) related matters is provided.
We provide guidance to companies on corporate governance issues, including advice and impact of relevant legislation that may affect companies.
Contracts are agreements entered into by and between two or more parties with the view of achieving a mutually agreeable objective. Contracts are drafted by attorneys upon the request of the parties to give legal effect to the intended agreement. Not all contracts drafted are legally binding, certain aspects of the contract would require compliance with certain legislations. It is highly recommended that people engage and seek the advice of an attorney before entering into a contract.
Facilitation of Transactions
Estate Planning & Trusts
Elements that need to be considered when drawing up an Estate Plan
Drafting of Trusts
We assist with the structuring, drafting and registration of various Trust structures.
Administration of Trusts
We act as Independent Trustee or provide ad hoc administration services to ensure legal compliance and that the Trust provides the necessary protection it was created for.
Trust Deed Audits
We provide a full review and report on existing Trust Deeds and structures to ensure legal compliance and to avoid current or future problems.
Litigation means: the process of taking legal action. This refers to the actions between two opposing parties working in the interest of enforcing or defending a legal right. In most cases, the parties settle litigation by working out an agreement, but they may also go to court and have the jury or judge determine the final resolution.
Litigation process includes writing briefs, legal motions, interrogating the witness, drafting contracts and a lot more.
Notaries are attorneys who are authorised to draw up certain documents. These documents include but are not limited to, antenuptial contracts, long-term leases, cessions, subleases as well as cancellations and releases thereof, deeds of servitudes and notarial bonds.
Notaries are also responsible for noting and protesting dishonored bills of exchange.
Authentication of documents for use in a foreign country by drawing and registering a diplomatic Apostille Certificate or International Authentication certificate.
Examples of documents:
- Company documents
- Academic credentials
- Commercial Invoices
- Documents for emigration purposes
Certification Of Documents
Another service that EMI offers the Authentication of Documents for use in a foreign country by drawing and registering a diplomatic Apostille Certificate or International Authentication certificate. Examples of these documents are:
Property Law (Conveyancing)
Conveyancing is a process that deals with the transfer of immovable property (or real rights in immovable property) from one person to another. It also involves the hypothecation of immovable property by means of mortgage bonds, as well as the execution of various other acts with regards to immovable property. This includes the preparation of deeds and documents for registration or filing in the deeds registry. This refers to the whole registration process, including the drafting, lodgment and signing of documents by different authorised persons. (this includes EMI)
To name a few services that fall under this category:
- Transfer of property
- Registration of Mortgage Bonds
- Advice on Financing your property
- Sectional Title Registers
- Extension of Sectional Title Schemes
- Subdivisions and Consolidations
- Notarial Agreements
- Township Establishments
Wills & Deceased Estates
A Will may be the most important document a person may ever have, yet only a very few spend the time to ensure it is in place and stay up to date. Reasons for having a professionally drafted Will in place are:
- It is your right to decide who should inherit your assets
- Ensure those close to you are taken care of
- Ensure your wishes are binding and enforceable
- Avoid unnecessary delays and costly administration
- Ensure tax efficient transfer of wealth
Common challenges found when winding up a deceased estate:
- There is no Will and the family does not know where to start;
- No provision is made for the minor children and how their inheritance will be managed;
- The existing Will is not up to date;
- There is no living Will informing family members what should be done if one is on life support and there is no reasonable prospect of recovery;
The family wastes precious time piecing together the estate and in many cases find essential documents are missing or simply don’t exist which leads to lengthy delays.
Administration of Deceased Estates
EMI administers and winds-up deceased estates:
- where EMI has been appointed as the Executor;
- where a family member or friend is the Executor and EMI acts on their behalf; or
- where a person dies intestate (where there is no Will is in place).
Dealing with a deceased member’s estate can be very stressful and in most cases the family members don’t know where to start.
We provide guidance and legal advice from beginning to end. We assist the family through the process until all assets in the estate has been distributed to the beneficiaries.
This includes piecing the estate together, collecting all relevant documents and information, communicating with the debtors and creditors and attend to any tax issues.
As Conveyancers we can also attend to the transfer of the deceased fixed property to the heirs or attend to the sale thereof. This means we stay in control of the process without the need to outsource any responsibility in the administration process.