VGA Law - Venter Goosen Attorneys

24/12/2024

Wishing our clients and supporters a Merry Christmas. May this season be filled with happy memories.

04/09/2023

Where there’s a “will”, there’s a way.

The idea that there are always solutions to what we wish to achieve, is quite encouraging. I absolutely subscribe to this principle and also implement this into my business and the type of advice and services I offer my clients.

But (there’s always a “but”), I have seen time and again the importance of having a little foresight in identifying those potential problems. One is then equipped to proactively engage on finding the right possible solutions that may be executed when the need arises. Although this process should find continuous application in one’s life, the one area I have experienced people faltering on, is when it comes to estate planning, which in essence is to plan in detail how life will carry on for others once you pass on, including what happens to your assets. Even more crucial foresight that gets missed very often is the “pre-estate phase planning”, as I call it. So, what is that I hear you say.

Pre-estate phase planning involves planning and setting in place contingency plans for when one might become incapable of handling one’s own affairs due to a magnitude of reasons. Although these circumstances do not necessarily lead to death, it could leave you incapacitated for life. Think about the effects of a stroke or being in a coma after an accident. Remember that your last will and testament only kicks into action once you are deceased. Being in a coma, for example, does not afford you the opportunity to execute a power of attorney.

SO, WHAT HAPPENS TO DEPENDANTS IF YOU ARE IN CONTROL OF THE HOUSEHOLD FUNDS OR RESPONSIBLE FOR TAKING CARE OF MINORS? ARE THERE CONTIGENCY PLANS FOR YOUR BUSINESS? WHAT ABOUT YOUR PETS?

A well drafted will generally caters for what happens to your assets after your death. Many wills however do not cater for the fact that it can take 12 to 24 months or more for a deceased estate to be administered. In practice that means that if people are left behind by the deceased who was dependent on him or her, a contingency plan should be put in place to bridge the period from date of death until the estate is finalised.

The pre-estate phase planning involves fine planning and setting in place further contingency plans, outside of a will, to allow a somewhat normal continuation of everyday life in the event that you cannot. This may involve having a power of attorney in place, or having additional access granted to financial products. It could be an even more practical approach of storing passwords at a secure but accessible place to be accessed when critically required. These plans are often built on trust. Speak to your lawyer or contact me to discuss your needs.

02/08/2023

Having worked in Malta within the field of Anti Money Laundering, or AML in short, at the time the country was placed on the grey list by the Financial Action Task Force (FATF), and now being back in South Africa, with the latter now also placed on the grey list, it is interesting to note a few thoughts.

By no means is this an in-depth analysis, but as someone actively involved in the field of compliance and AML regimes, the response each country had to the event, do deliver interesting insights. Both countries were caught napping, having been aware of the deficiencies it had. Apart from that, being a member of the FATF does mean you subscribe to certain minimum standards. That requires self-discipline to ensure compliance, but clearly other interests become more attractive, until it becomes too late.

The reality is that money laundering is a habitual crime of sorts. It starts small, but over time it escalates into an unstoppable runaway train. This is when the grey listing sets in. The response of both countries were ones of utter panic and shock. Crisis committees were formed, and draft legislation were prepared at the speed of light, with the world’s best intentions of now combatting money laundering.

Malta could not afford this. Its economy is built on the financial sector and receiving bad vibes from the higher authorities, could place its position in danger, also considering they are a member of the European Union. It knew it had to get of it, and soon. The benefit Malta had was that it is a small island – in my mind, the smaller the territory and population, the easier one can get a grip on things – with a relatively well organised formal services sector. The response was a well concerted effort, and they were removed from the grey list one year later.

South Africa cannot afford this either, but sadly, I am not entirely convinced the government realises this. If its money laundering activities are compared to a train, then State Capture is probably one of the locomotives. South Africa is now six months into its response, and I just don’t get the same level of panic and sense of urgency I got from Malta. I recently attended a webinar hosted by one of the leading enforcement agencies in South Africa, which I found bland, uninformative, and seriously lacking real intent to educate. The concepts and tick box items are there, but it will require for a compliance culture to be developed across society, which I find lacking. It is going to require a lot of hard work from senior agencies within government. Putting up shiny new stop signs at convenient intervals next to the runaway train track will not suffice; we need to derail it.

To effectively combat financial crime in general, I am a strong believer in having the right culture present to achieve the desired outcomes. If we all work together and actively participate in identifying areas where financial crime can or does get track, we may get this train stopped.

19/05/2023

Happy clients is our top priority.

07/03/2023

Who am I?
I am Venter Goosen.
I am passionate about all things property, having started my career as an estate agent for over 10 years. This sparked an interest in the law and lead me to become an attorney and conveyancer, with the main focus being property law.

It did not stop there. I gained valuable experience working abroad, specialising in legal compliance and implementing Anti-Money Laundering & Combat of Terrorist Financing regimes within the regulated financial services industry in Malta (EU).

In 2022 I went on to start a separate property advisory and guidance service called Propsule (see below for more information).

In my free time I love travelling, home renovations, drinking wine and not necessarily, but sometimes, in that order.

Services:
Services are broadly offered in three main categories, but please feel free to reach out should you wish to find out how we can help.

🏡CONVEYANCING
🏢COMMERCIAL
🪦DECEASED ESTATE

From general advice to more technical legal work, drafting and review of agreements, property transfers, subdivisions, consolidations.

Company and trust administration, general commercial contracts, compliance and regulatory conduct matters.

Estate planning and drafting of wills, deceased estate administration, deceased estate property transfers.

You are welcome to email or WhatsApp me:
082 325 6060 / [email protected]

I look forward to hearing from you!

06/03/2023

It has come under my attention that a phishing sms is being sent to random people, purporting to be sent from VGA Law and notifying the recipient of an imminent High Court appearance. Please ignore this sms as this was not sent from me or my office. Please also refrain from clicking on the link.

The goal of such phishing sms's are to extract valuable and personal information from you in order for the perpetrator to eventually steal from you.

As my information are unfortunately out in the public, these scamsters have easy access thereto and it is therefore fairly simple to make such message appear to be sent from our offices.

01/01/2023

Best wishes for 2023.

25/12/2022

02/12/2022

Happy to engage with Propsule on the new product in the real estate market.

About to buy or sell real estate and wishing for a professional third party to offer you sound and independent advice? Look no further, as Propsule is all about being there to help. Our packages are developed to cater for different needs and best of all, it is really affordable, providing you access to a practicing attorney and conveyancer. www.propsule.co.za

25/11/2022

This unique service was developed to cater for a gap in the market, where sellers and buyers of property require honest and unbiased service from a professional that stands separate from the transaction. For more info, please visit www.propsule.co.za.

At Propsule we aim to deliver access to legal services through our associate attorneys at affordable rates and being accessible. Visit www.propsule.co.za to find out more.

02/06/2022

WILL, what?

1. Leave a valid will
For a will to be valid, it must comply to certain formalities as prescribed by the Wills Act.

2. Road of least resistance
Ensure that your will is drafted in such a manner that there are no ambiguity and that the provisions can be executed by the Executor.

3. Period 1
Ensure dependents are taken care of for the period directly after death and before an executor is appointed. This is regularly overseen.

4. Period 2
Do proper estate planning. Call in the help of an expert if needed.

26/05/2022

Need any contract reviewed? Contact us for our ‘no surprise’ set fees.