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Knowledge Base

How Can We Help You Today?

Expert advice is just a click or call away. Browse our FAQs and legal resources to understand your rights before stepping into our office.

 
 
Knowledge Base

How Can We Help You Today?

Expert advice is just a click or call away. Browse our FAQs and legal resources to understand your rights before stepping into our office.

 
 

24/7 Emergency Line

062 040 5334

Email

l.boer@lboerattorneys.co.za

Whatsapp

Chat Now

Location

Cape Town, Western Cape

24/7 Emergency Line

062 040 5334

Email

l.boer@lboerattorneys.co.za

Whatsapp

Chat Now

Location

Cape Town, Western Cape 

Explore by Topic

Legal Knowledge Base

 
 

Criminal Law

Understanding your rights when facing criminal charges.

Property Law

Landlord and tenant rights in South Africa

Family Law

Navigating divorce, custody, and family matters.

Wills & Estate

Planning your estate and administering estates. 

FAQs

Frequently Asked Questions

 
  • Criminal Law & Bail
How long does a bail application take?
The time varies depending on where you are in the process. Police bail can sometimes be secured within hours at the police station. If the matter goes to court, a formal bail application typically takes 1-2 days, though it can be longer in complex cases. Our 24/7 emergency line ensures we can start working on your bail immediately, regardless of the time.

 

How long does the eviction process take?
An uncontested eviction typically takes 4-8 weeks from the issuing of the notice to the eviction date. Contested matters can take 3-6 months or longer, especially when the PIE Act applies. Factors like court dates, sheriff availability, and tenant responses all affect the timeline.

 

Can I evict a tenant during COVID-19 or an emergency period?
Eviction laws have returned to normal following the end of COVID-19 emergency regulations. However, all evictions must comply with the PIE Act, which requires proper notice, court orders, and consideration of the occupant's circumstances. We ensure your eviction is legally compliant.
 
 
  • Criminal Law & Bail
How long does a bail application take?
The time varies depending on where you are in the process. Police bail can sometimes be secured within hours at the police station. If the matter goes to court, a formal bail application typically takes 1-2 days, though it can be longer in complex cases. Our 24/7 emergency line ensures we can start working on your bail immediately, regardless of the time.

 

How long does the eviction process take?
An uncontested eviction typically takes 4-8 weeks from the issuing of the notice to the eviction date. Contested matters can take 3-6 months or longer, especially when the PIE Act applies. Factors like court dates, sheriff availability, and tenant responses all affect the timeline.

 

Can I evict a tenant during COVID-19 or an emergency period?
Eviction laws have returned to normal following the end of COVID-19 emergency regulations. However, all evictions must comply with the PIE Act, which requires proper notice, court orders, and consideration of the occupant's circumstances. We ensure your eviction is legally compliant.
 
 
  • Family Law
How long does a divorce take in South Africa?
An uncontested divorce (where both parties agree on all terms) typically takes 4-8 weeks. A contested divorce can take 1-3 years depending on the issues in dispute, the court’s schedule, and whether settlement is reached. We always try to negotiate settlements to save time and costs.

 

 

What factors determine child custody decisions?
Courts consider the best interests of the child above all else. Factors include the child’s relationship with each parent, each parent’s ability to care for the child, the child’s preferences (if old enough), stability, and any history of abuse or neglect. We help you build a strong case focused on your child’s welfare.

 

Do I need a lawyer for the CCMA?
While you can represent yourself at the CCMA, having legal representation significantly improves your chances of a favorable outcome. For arbitration proceedings or complex matters, an attorney ensures your rights are protected and your case is presented effectively.
 
 
 
  • Family Law
How long does a divorce take in South Africa?
An uncontested divorce (where both parties agree on all terms) typically takes 4-8 weeks. A contested divorce can take 1-3 years depending on the issues in dispute, the court’s schedule, and whether settlement is reached. We always try to negotiate settlements to save time and costs.

 

 

What factors determine child custody decisions?
Courts consider the best interests of the child above all else. Factors include the child’s relationship with each parent, each parent’s ability to care for the child, the child’s preferences (if old enough), stability, and any history of abuse or neglect. We help you build a strong case focused on your child’s welfare.

 

Do I need a lawyer for the CCMA?
While you can represent yourself at the CCMA, having legal representation significantly improves your chances of a favorable outcome. For arbitration proceedings or complex matters, an attorney ensures your rights are protected and your case is presented effectively.
 
 
 
  • Wills & Estates
How long does it take to wind up a deceased estate?
A straightforward deceased estate typically takes 6-12 months to wind up. Complex estates with multiple assets, disputes, or incomplete documentation can take 2-3 years. We work efficiently to minimize delays while ensuring all legal requirements are met.

 

 

 

What happens if someone dies without a will?
When someone dies intestate (without a valid will), their estate is distributed according to the Intestate Succession Act. This may not reflect the deceased’s wishes. Spouses and children typically inherit, but the distribution formula is fixed by law. We recommend everyone have a valid, updated will.

 

 

How often should I update my will?
You should review your will every 3-5 years or whenever you experience major life changes such as marriage, divorce, birth of children, significant asset purchases, or the death of a beneficiary. We offer will review services to ensure your estate plan remains current.
 
 
 
 
  • Wills & Estates
How long does it take to wind up a deceased estate?
A straightforward deceased estate typically takes 6-12 months to wind up. Complex estates with multiple assets, disputes, or incomplete documentation can take 2-3 years. We work efficiently to minimize delays while ensuring all legal requirements are met.

 

 

 

What happens if someone dies without a will?
When someone dies intestate (without a valid will), their estate is distributed according to the Intestate Succession Act. This may not reflect the deceased’s wishes. Spouses and children typically inherit, but the distribution formula is fixed by law. We recommend everyone have a valid, updated will.

 

 

How often should I update my will?
You should review your will every 3-5 years or whenever you experience major life changes such as marriage, divorce, birth of children, significant asset purchases, or the death of a beneficiary. We offer will review services to ensure your estate plan remains current.
 
 
 
 

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Available 24/7

Need Immediate Legal Assistance?

Our emergency line is always open. Don’t wait—get the legal help you need right now.

Call Emergency Line
Send a Message