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Benaters

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Trusted attorneys, notaries & conveyancers helping with property, deceased estates, wills, ANCs and documents for use abroad. Let’s talk.

Unyielding commitment to superior client service and representation led to the formation of Benaters. Our attorneys have attained legal experience and perspective while practising within distinguished “boutique” firms. This experience led to an amassing of skills and observation of the different ways firms can operate. Benaters synergistically delivers a powerful combination to our clients: combining big-law-firm skills, flexible and attentive service, resolute and creative trial skills, inside and varied perspectives, scalability, a keen business sense, and affordability. By providing you access to the broadest possible range of knowledge and experience at our disposal, Benaters is large enough to get the job done, yet small enough to ensure high-quality and personalised legal services to both businesses and individuals. At Benaters we offer alternative fee arrangements and supply virtual in-house lawyers to our clients. We are a law firm for the next generation, where principles of an in-house lawyer merge with private practice. We will tailor innovative legal solutions to suit your needs and goals.

15/10/2026

You added a trust to your will when the children were young. Does it still make sense now?

A will can be right for one stage of life and no longer reflect your circumstances years later.

Perhaps the children are older.
Your assets may have changed.
Family circumstances may look different.
Or what you want today may simply be clearer than it was when the will was first drafted.

If your will contains a testamentary trust provision, that provision should form part of the review as your life and estate planning change.

That does not mean the original planning was wrong.
It means a will should continue to reflect the family, assets and wishes it is meant to protect.

Benaters assists with drafting and reviewing wills, including testamentary trust provisions where they form part of the estate plan.

Review your will as life changes:
https://link.benaters.com/testamentary-trust-review

13/10/2026

If my child inherits from me while they are still young, what happens to that inheritance?

When parents think about a will, the first question is often what they want to leave to their children.

But where the beneficiary is still a minor, there is another important question: how should those wishes be recorded if the child is too young to manage the inheritance themselves?

It is not an easy thing to think about, but planning for a child means thinking beyond what they may inherit to how your wishes should be recorded for the years before they can manage those assets themselves.

Benaters assists with drafting and reviewing wills, including estate-planning considerations where minor beneficiaries are involved.

The aim is not to make the planning feel heavier. It is to make your wishes clearer for the people who may one day need to follow them.

Plan for the people who matter most:
https://link.benaters.com/minor-beneficiary-planning

09/10/2026

The estate process can take time. The municipal account doesn’t wait.

When a loved one passes away and property forms part of the estate, very practical questions can arrive while the family is still trying to process everything else.

Who deals with the rates?
What happens to bond payments?
What about levies, insurance and the other costs attached to the property?
And can anything be paid while the estate is still being administered?

Property expenses may still need attention while the deceased estate process is underway, but what needs to happen will depend on the estate and the circumstances.

Benaters helps families work through the deceased estate process and understand which property-related matters may need attention while administration is still in progress.

See what may need attention while the estate is being administered:
https://link.benaters.com/estate-property-expenses

06/10/2026

I had the document certified. Why is CIPC still not accepting it?
Sometimes the problem is not the document itself.

It is the way that document needs to be certified, notarised or authenicated.
This is especially frustrating for foreign nationals dealing with CIPC matters in South Africa, because an ordinary certified copy may not always meet the requirements for the documentbeing submitted.

If you have been told that a document needs to be notarised, the first step is to establish exactly what process applies before preparing or submitting it again.

Benaters assist with notarial services and document certification whaere a notarial process is required, helping clients understand what needs to happen next rather than simply trying the same submission again.

If CIPC has asked for a notarised document, start here:
https://link.benaters.com/cipc-document-notarisation

03/10/2026

That acceptance message feels like the finish line. Legally, it is the start of the transfer process.

Once the offer has been accepted, the signed offer to purchase is the agreement of sale. Ownership only changes once the property has moved through the transfer process and is registered in the buyer’s name at the Deeds Office.

Between those two moments, there will be documents to sign, costs to settle, conditions to meet, bond-related steps where applicable, and other transfer requirements to complete.

Buying a home can feel as though everything happens at once, the excitement, the planning, the paperwork and the waiting.

Benaters helps buyers and sellers understand what is happening at each stage, what still needs attention and what comes next before registration.

See what happens between an accepted offer and registration:
https://link.benaters.com/offer-accepted

28/09/2026

The banking details changed. Call before you pay.
Fraudulent payment instructions can look completely genuine.

The email may use a familiar name, refer to the correct property or legal matter and arrive at a time when you are expecting to make a payment.

A sense of urgency is often part of what makes the message convincing.

Benaters will not advise clients of a change in banking details by email or another electronic communication.

If payment instructions appear to have changed:
• Stop before making the payment
• Do not rely on the contact details in the suspicious message
• Do not reply to the email to ask whether it is genuine
• Call the person handling your matter using a number you already know
• Alternatively, obtain the number from the official Benaters website
• Confirm the account details directly before transferring funds

A short verification call can help prevent a costly and deeply stressful mistake.

Use the official Benaters contact details here:
https://link.benaters.com/verify-banking-details

25/09/2026

Not a marketing promise. A client’s experience.

“𝐓𝐡𝐞 𝐛𝐞𝐬𝐭 𝐩𝐨𝐬𝐬𝐢𝐛𝐥𝐞 𝐥𝐞𝐠𝐚𝐥 𝐬𝐞𝐫𝐯𝐢𝐜𝐞 𝐚𝐯𝐚𝐢𝐥𝐚𝐛𝐥𝐞. 𝐀𝐛𝐬𝐨𝐥𝐮𝐭𝐞𝐥𝐲 𝐩𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐚𝐧𝐝 𝐞𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐭 𝐛𝐞𝐲𝐨𝐧𝐝 𝐚𝐰𝐞𝐬𝐨𝐦𝐞.”

Legal matters often arise during important, unfamiliar or difficult life moments.

At those times, people are not only looking for technical legal knowledge. They want someone who responds, explains what is happening, keeps them informed and treats their matter with care.

That is why feedback like this means so much to Benaters.

Every review represents a real person or family who trusted the firm with something that mattered to them: a home, a will, a deceased estate, an antenuptial contract, an important document or another legal responsibility.

Thank you to Rhett Davis for trusting Benaters and taking the time to share this experience.

Read more feedback from Benaters clients:
https://link.benaters.com/client-reviews

22/09/2026

A loved one has passed away. Can the family sell the house yet?
Not by themselves.

When a home forms part of a deceased estate, family members or beneficiaries cannot deal with it as though it already belongs to them.

The estate must first be reported, and an executor or representative must be appointed and authorised to act.

A sale may be possible, but the next step can depend on:
• What the will provides
• Who has been authorised to represent the estate
• The position of the heirs or beneficiaries
• The debts and expenses of the estate
• Whether the property still has a bond
• The relevant Master’s Office requirements
• The conveyancing process required to transfer the property

There may be understandable reasons why the family wants to move quickly. The property may be empty, expenses may be continuing or family members may have different views about what should happen.

But advertising the property or accepting an offer before establishing who has authority to act can create further complications.

Benaters helps families understand the estate process and manages the property-related conveyancing steps where a home must be transferred to a beneficiary or sold to a purchaser.

Read how property is transferred from a deceased estate:
https://link.benaters.com/estate-property-transfer

19/09/2026

We love the house. What exactly are we agreeing to when we sign the offer?

Finding the right home is an exciting life moment.

It is also very easy, in that excitement, to see the offer to purchase as the piece of paperwork standing between you and the keys.

But once a written offer is accepted by the seller, it can become a binding agreement of sale.

That means it is worth understanding exactly what has been recorded before you sign.

An offer to purchase can deal with important details such as:
• The purchase price and how it will be paid
• Any deposit required
• Whether the sale depends on bond approval or another suspensive condition
• The deadlines attached to those conditions
• When occupation will take place and whether occupational rent applies
• Fixtures, fittings, exclusions and disclosures
• Costs and responsibilities allocated to the buyer and seller
• Who will handle the property transfer

That last point is worth checking too.

In most South African property sales, the seller appoints the transferring conveyancer. An estate agent may recommend a firm, but that recommendation does not automatically make the appointment.

A buyer can ask for a preferred conveyancer to be used, but this should be raised before the agreement is signed because the seller must agree to the appointment.

The important thing is not to assume that something discussed verbally has automatically made its way into the agreement.

Buying a home should feel exciting. Understanding what you are signing can help prevent unnecessary uncertainty later.

Benaters helps buyers and sellers understand the agreement and guides the conveyancing process from the accepted offer through to registration.

Before you sign, read Benaters’ guide to sale-of-property agreements:
https://link.benaters.com/before-you-sign

17/09/2026

I live overseas, but the property is still in South Africa. Can this be handled remotely?

Often, yes, but the exact process will depend on what needs to happen to the property and where the required documents will be signed.

Living abroad does not always pause the responsibilities, assets and family matters you still have in South Africa.

You may need to sell a property, complete an existing transfer, deal with property in a deceased estate or appoint someone to act on your behalf.

Many parts of the process can be coordinated while you are overseas, but not every document can simply be emailed, signed and returned.

Depending on the transaction, you may need:
• Original or properly authenticated documents
• F**A and identity documentation
• A suitable power of attorney
• Documents signed before a notary or another authorised person
• Compliance with the bank or Deeds Office requirements
• Coordination between the conveyancer and other parties in South Africa

Benaters assists South Africans abroad with the property, conveyancing, notarial and document-related steps connected to South Africa.

The team can explain what can be handled remotely, which documents are required and how the process will be coordinated while you are outside the country.

When making an enquiry, include the country you are currently in, what needs to happen to the property and whether there is an important deadline.

Read more about Benaters’ legal support for South Africans abroad:
https://link.benaters.com/property-from-abroad

Address

21 Scott Street, Waverley
Johannesburg
2090

Opening Hours

Monday	07:00 - 18:00
Tuesday	07:00 - 18:00
Wednesday	07:00 - 18:00
Thursday	07:00 - 18:00
Friday	07:00 - 18:00

Telephone

+27720597640

Website

https://benaters.com/

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