Simplifying your complex legal matters.
1 | Burden Swart & Botha Attorneys Our excellence extends to the relationships we foster with our clients. With comprehensive reporting and ongoing interaction, our clients feel constantly informed of the status of legal and transfer matters at all times. This builds a foundation of trust that sees them returning to us for counsel on every legal challenge they face as they move through their lives. First established as Andrew Burden Attorneys in 1994, our name was changed to Burden & Swart Attorneys in 2005 and again in November 2013 to represent the partnership of Andrew Burden, Leonora Swart and Soekie Riekert-Botha. From our offices in Pretoria East, we combine our skills and specialities to offer our clients consistent legal excellence. ABOUT Burden Swart & Botha Attorneys At Burden Swart & Botha Attorneys we simplify complex personal legal matters. We specialise in general litigation, debt collection, commercial, conveyancing and notarial matters, administration of deceased estates, divorces, family matters and sequestrations. In each case, we work closely with our clients, applying decades of extensive knowledge to deliver a professional legal service.
Burden Swart & Botha Attorneys | 2 After completion of his articles at Harvey Mostert Attorneys in Witbank, he relocated to Pretoria. He practiced as a Professional Assistant at the firm Wilsenach van Wyk Goosen and Bekker until he joined the firm Smuts & Smuts Attorneys as a partner where after he established Andrew Burden Attorneys in 1994. In 1997 and 2007 Leonora Swart and Soekie Riekert-Botha respectively joined Andrew as partners. As senior partner, Andrew has exceptional experience in commercial law, general litigation and divorce law. OUR People Our dynamic group of attorneys are skilled in a wide variety of personal legal disciplines. Their diverse skill set and decades of experience in the field qualifies them to navigate all legal matters pertaining to your case in a personal and professional manner. Andrew Burden Andrew graduated with his BA-Law degree at the University of Stellenbosch in 1981. Following this, he continued his studies at Potchefstroom University and completed his LLB degree in 1984.
3 | Burden Swart & Botha Attorneys Leonora established the conveyancing department at the firm and through her dedication, hard work and managerial skills built it into an exceptional and very successful department. She specialises in transfer of ownership in land, registration and cancellation of mortgage bonds, establishment of townships, sectional title developments, opening of sectional title schemes, consolidation and subdivision of land, registration of servitudes and all other property related matters. Through this, she makes an immense contribution to the success of Burden Swart & Botha Attorneys. Leonora Swart Leonora completed her B.Proc-degree at the University of Pretoria in 1992, and began her articles at Smuts & Smuts Attorneys soon after in 1993. Two years later, she was admitted as an Attorney and Conveyancer and continued at the firm Andrew Burden Attorneys as a Professional Assistant. In 1997, she became a partner at the firm. Soekie heads the successful collection department, which boasts with an exceptionally high success rate with the recovery of debt. Due to her excellent managerial skills, the department has expanded since she joined as partner. She also specialises in divorce and maintenance matters owing to her advanced qualifications in child law. She is an admitted notary and attends to all the notarial contracts, including ante-nuptial agreements. Soekie Riekert-Botha Soekie Riekert-Botha completed her B.Com Law -degree in 1998. In 2000 she completed her LLB-degree and advanced certificate in Child Law and in 2002 completed her articles at Andrew Burden Attorneys. Her commitment and skill saw her becoming partner in 2007.
Burden Swart & Botha Attorneys | 4 Magistrate court litigation; • Instituting of actions for arrear amounts due and damages suffered; • Acting on behalf of Estate Agents in respect of commission related disputes; • To defend legal actions; • Ex parte applications pertaining to the delivery and return of goods; • Insurance claims and related matters; • Interdicts in the Family Violence Court; • Maintenance matters; • Evictions of illegal occupants; High court litigation; • Litigation in respect of contracts (commercial litigation); • Divorces; • Amendment of marital status; • Custody of children and miscellaneous family related matters; • Late registration of marital contracts (post-nuptial contracts); • Application for sequestration and liquidation for or against private persons and/or legal entities; • Voluntary surrender of estates; • Application for rehabilitation; • Application for interim access to properties; We understand how stressful civil litigation can be. For this reason, we offer you sound legal advice and support, from the initiation of legal proceedings to trial hearings. We pro-actively and creatively conduct and resolve legal disputes in the best interest of our clients. We work efficiently and quickly to get the matter resolved as soon as possible. From once-off matters to ongoing litigation services, we partner with our clients to simplify the process and deliver efficient results. With over 60 years of combined experience, Burden Swart and Botha Attorneys has knowledge and expertise to advise you on civil litigation matters. Whether you need to take legal action or be represented in court, we can educate you on your legal rights and the best way forward. Our Litigation department offers solutions on the following diverse civil matters: LITIGATION OUR SERVICES We advise our clients across a range of disciplines. From litigation to conveyance matters, we take a personal approach that is rooted in years of industry experience.
5 | Burden Swart & Botha Attorneys ADMINISTRATION of Estates During the traumatic time of losing a loved one, we can ease the burden of reporting and finalising your loved one’s deceased estate. We provide trustworthy legal support that is formed by years of experience. All these actions are performed in line with the will of the deceased, or in accordance with the Intestate Succession Act. In this trying time, we give you the security that your loved one’s legal matters are in capable and compassionate hands. • Reporting the estate to the Master of the High Court; • Obtaining the Letter of Executorship; • Notifying creditors by publishing the necessary notifications in the local newspapers and the Government Gazette as required by law; • Drafting the liquidation and distribution account and lodging it with the Master of the High Court for acceptance; • After acceptance by the Master, distributing assets and paying creditors and beneficiaries in accordance with the liquidation and distribution account; • Collection of outstanding monies on behalf of the deceased estate. • Where property transfers need to be effected, our Conveyancing Department will act quickly, informed by their experience in deceased estate transfers. We can act as the executor of the estate or assist the appointed executor to prepare all the necessary documents and to finalise the financial affairs of the deceased. We will also ensure that the deceased estate is processed by the Master of the High Court quickly and without delay. We are able to assist and support heirs and beneficiaries by:
Burden Swart & Botha Attorneys | 6 WILLS And Estate Planning Leave a legacy that you’re proud of. When you pass away, the most thoughtful gift to leave for your loved ones is a well drafted and executable will. It is equally important to determine whether the estate will have liquidity at the time of your death. A will is a critical part of your family’s legacy, no matter what size your estate is. It ensures your wishes regarding your assets are upheld and helps your family make informed choices. The first step to organise your estate is to compile a Life File. We work in partnership with brokers of reputable financial institutions to assist you in this regard. Once this is done, our offices will draft your will in accordance to the professional advice given. The simplicity or complexity of the will is determined by the assets, liabilities, minor children involved, business interests and estate duty. Getting your affairs in order now will save a great deal of expense and stress for your family in the long term, and give them welcome security. Soekie Riekert-Botha, our resident Notary, has a wealth of experience and can explain the different types of contracts to you to ensure you make the right decision. Don’t delay - the ante-nuptial contract must be signed in front of a notary before the marriage is concluded and must register in the Deeds Office three months after the signing thereof. In collaboration with the conveyancing department, we also take care of other notarial services including the registration or cancellation of notarial servitudes such as right of way, habitation and notarial deeds for the cession of exclusive use area such as garages, parking bays, etc. ANTE-NUPTIAL CONTRACTS and Notarial Work If you are about to get married, it is common practice to sign an ante-nuptial contract before your wedding day.
7 | Burden Swart & Botha Attorneys BUSINESS and Commercial Our business and commercial department advises small, medium and large companies on legal matters relating to their businesses. Andrew Burden applies his vast knowledge and experience in leading the department, helping his clients with a range of commercial legal matters. Our professionalism, expertise and dedication to our clients means that we are as invested in your business as you are. Grow and protect your business using our experienced assistance. We can assist with: • Advising clients on the formation and structuring of entities for the client’s specific business needs; • Registration of companies; • Amendment to company documents; • Drafting of commercial contracts such as: partnership agreements, shareholders agreements, sales of shares agreements etc; • Advising clients on existing commercial contracts; • Registration of Trusts; • Advising clients regarding the implication of the new Companies Act on their business; • Advising clients on relevant consumer legislation, specifically the new Consumer Protection Act; • Advising clients on Joint Ventures and drafting of the Joint Venture Agreement; • Settlement negotiations between business partners in the event of a commercial dispute.
Burden Swart & Botha Attorneys | 8 We keep up to date with any changes to legislation and case law. This allows us to be informed on every nuance of debt collection. The personal approach that characterises our firm is applied to debt collection as well. By being assertive yet professional and courteous with all debtors and managing the collection process in an innovative way, our collection department continues to achieve great success on behalf of our clients. • Producers and distributors of soft drinks • Textile wholesalers; • Managing agents for body corporates; • Dentists; • Physiotherapists; • Ear, Nose and Throat specialists; • Periodontists; • GP’s; • Attorneys; • Rental agents; • Estate agents; • Schools; • Landscapers; • Cash loans; • Electricians; • Plumbers; We take care of all aspects of corporate and individual debt recovery and advise clients on their debtors book. Our current client base consists of: DEBT Collection Debt is a difficult and often lengthy matter to resolve. Our Debt Collection Department, led by Soekie Riekert-Botha, is known for it’s quick and successful recovery of all types of debt. In addition to her 15 years of experience in debt recovery, Soekie works with an efficient team of para-legal staff members. Together, they tackle debt fast and efficiently. We keep in constant communication with our clients, reporting monthly on the status of matters, along with payments of the collected amounts.
9 | Burden Swart & Botha Attorneys Our specialised services include: • Drafting of various agreements related to property transfer; • Advising parties on the content of an offer to purchase; • Transfer of immovable property from the seller to the buyer; • Assisting clients with bond applications and bond registration; • Opening of sectional title schemes (duets or blocks); • Extension of units in a sectional title scheme; • Subdivision of land; • Consolidation of land; • Cancellation of servitudes or personal rights, registered in a title deed; • Cancellation of the seller’s existing bond over a property; • Assisting clients with back-to-back transactions; • Transfer from deceased estates; • Transfer of one half share / property in terms of divorce settlement agreement; • Advising and assisting clients regarding the transfer of property for estate planning or tax purposes. We assist our clients with the transfer of immovable property anywhere in South Africa. From the drafting and signing of the Offer to Purchase to the transfer of the property to the purchaser’s name in the Deeds Office, we can advise on every stage of the process with knowledge and ease. CONVEYANCING Our conveyancing team, led by Leonora Swart, has built a reputation for efficient and friendly service. She is assisted by a highly skilled and friendly team of conveyancing secretaries. Together, they provide advice on all your conveyancing matters.
Burden Swart & Botha Attorneys | 10 Our clients include: • Estate agents • Private sellers or buyers • Developers; • Property speculators; • Banks; • Financial brokers; and • Auditors and tax advisors. We pursue excellence in every aspect of our client service by: • Giving all matters equal attention so that they are registered as soon as possible; • Constantly giving honest, clear and accurate feedback on the progress of the transaction to all parties; • Being pro-active and resolving issues before they become a problem; • Replying to e-mails or returning calls within 24 hours; and • Assisting our clients with after hour signing of documents. Leonora Swart applies her extensive knowledge and 22 years of experience to property transfer related matters as well as with matters pertaining the registration of bonds over immovable properties, to ensure client matters register expeditiously.
Contact Us If you would like assistance with a personal legal matter, contact us and we will connect you with the right department. Telephone: 012 346 3554 Fax: 012 346 3917 or 086 630 3127 Email : [email protected] If you already know which attorney you would like to direct your query to, you are welcome to contact them via email Andrew Burden: [email protected] Leonora Swart: [email protected] Soekie Riekert-Botha: [email protected]