Most law firms refer notarial work to an external notary. DKT has a practising notary public in-house — which means antenuptial contracts, notarial bonds, authentications and apostilles are handled directly, without a referral and without delay.
ANCs drafted, executed before a notary public and registered with the Deeds Office — correctly, and in time. We advise on the accrual system and out of community of property structures.
General and special notarial bonds, notarial leases and other deeds requiring notarial execution — for lenders, lessors and commercial counterparties who require the formal status of notarial registration.
Authentication of documents for use abroad, certified copies of original documents, apostilles and general notarial certifications — for individuals, businesses and financial institutions.
Many law firms refer notarial work to an external notary. DKT has a practising notary public in the firm, which means notarial work is handled directly — often in the same matter and by the same team. This is particularly relevant for estate planning (where a general power of attorney may require notarial execution), property transactions (where notarial bonds and servitudes are involved) and commercial transactions (where a notarially executed lease or bond is required by the bank or counterparty).
The notarial register is a formal public record. We take notarial work seriously, and execute it with the formality and precision the designation requires.
ANCs executed before the marriage — out of community of property, with or without the accrual system. Registered at the Deeds Office and properly timed to be valid against third parties. We advise on the implications of each marital property regime before drafting.
Notarial bonds over movable assets as security for a loan — general bonds covering all movables, and special bonds over specific identified assets. Required by many lenders as an alternative or supplement to mortgage bond security.
Long leases registered against title in the Deeds Office via notarial execution — providing the lessee with real right protection against a change of ownership and conferring priority against other creditors of the lessor.
Notarial execution of servitudes (right of way, usufructs, habitatio) over immovable property — for registration in the Deeds Office as real rights binding on successors in title.
Notarial authentication of documents for use in foreign jurisdictions, apostilles for Hague Convention countries, certified copies of original documents and notarial certifications for banks, embassies and regulatory bodies.
Notarial execution of general powers of attorney — required where the power is to be used in a Deeds Office transaction, or where a third party (bank, foreign authority) requires the formal status of a notarially executed document.
Notarial bonds, registered leases and servitudes arise naturally in property transactions — handled in the same matter by the same team.
RelatedGeneral powers of attorney sometimes require notarial execution — for example where they will be used abroad or in a Deeds Office transaction — completed in-house.
RelatedNotarial bonds, servitudes and notarial leases arise from property transactions — attended to in the same matter, by the same team.
An antenuptial contract (ANC) is a notarial agreement entered into before marriage that determines the matrimonial property regime — either out of community of property with or without accrual. Without an ANC, South African law defaults to in community of property, which means spouses share all assets and liabilities equally. An ANC must be executed before a notary public before the marriage.
Yes. Tygue Turner is a practising notary public within the firm. This means we can execute antenuptial contracts, notarial bonds, general and special notarial bonds, servitudes, authentications, and other notarial deeds without referring clients to an external notary.
A notary public can authenticate documents for use abroad, certify copies, administer oaths, and execute notarial certificates. For international use, a South African document may also need an apostille or legalisation, which is issued by DIRCO or the High Court — not by the notary. We attend to the notarial certification; the apostille itself is obtained from DIRCO.
Both forms of ANC place spouses out of community of property, meaning each spouse retains their own assets and liabilities separately. The difference lies in what happens on divorce or death. Without accrual, each spouse walks away with only what they individually own at the time — there is no sharing of growth. With accrual, the growth in each spouse's estate during the marriage is shared equally on dissolution. The accrual system is often preferred where one spouse earns significantly more, as it provides some protection for the lower-earning spouse without full community of property.
An apostille is an international certification that validates a South African public document for use in countries that are party to the Hague Apostille Convention. The process involves obtaining the original document, having it notarially certified where required, and then submitting it to the Department of International Relations and Cooperation (DIRCO), which issues the apostille. We attend to the notarial certification the document needs; the apostille itself is obtained from DIRCO. We can point you to what the destination country requires — an apostille (for Hague Convention countries) or full legalisation.
A notarial bond is a registered security interest over movable property — typically used to secure a loan where the asset is not transferred to the creditor. A general notarial bond covers all movable assets of the debtor; a special notarial bond covers specified assets. Notarial bonds are executed by a notary public and registered in the Deeds Office, giving the creditor a real right against the bonded assets in the event of default or insolvency.
Yes, but timing is critical. An antenuptial contract must be executed before the marriage ceremony to be valid against third parties — it cannot be registered after the wedding. We assist clients on short notice and can prioritise ANC matters where time is constrained. Contact us as early as possible to allow time for the consultation, drafting, execution, and Deeds Office registration.
