Lucienne Murray Attorneys

11/10/2026

Commisioner of Oaths: Did you know that attorneys are commissioners of oaths? You can also go to your local police station to commission an affidavit or have documents certified. No fee charged BUT do not abuse this.

ORIGINAL documents should be viewed before certification. Don’t expect this service, as we often get “quickly certify this for me” when there are no original documentation or when the person who needs to sign the affidavit is not sitting in front of you.

Family/friend/neighbour don’t expect this as a favour. Yes we are not allowed to charge for this bit don’t ask for a favour after hours or come with a document signed by “someone you know” asking us to commisson the document.

30/09/2026

Buyers alert! Did you know that there are Bond registration fees AND Transfer fees payable when you buy a property. If you are lucky enough to buy the property in cash and don't need to take a loan from a financial institution then you as the buyer will only pay Transfer fees. The Transfer fee is paid to the conveyancing attorney, appointed by the SELLER.
Bond registration fees are calculated on the Bond amount and Transfer fees are calculated on the Purchase price of the property.
For instance if you buy a property for R 1 500 000 then the Transfer Fees are calculated on R 1 500 000. If you then obtain a loan from a financial institution for only R 1 200 000 then the Bond registration fees are calculated on R 1 200 000.

02/08/2026

Deceased Estates: Know your executor.
When having your Will drafted make sure you know your Executor. There has been many media reports of Executors stealing money from deceased estates. Remember that the Executor that you appoint in your Will is entirely your decision. However IF you appoint a family member/attorney/friend/ financial institution/financial advisor and your Will stipulates that your Executor has the right of assumption, this means that the Executor may appoint someone else to attend to the Winding up of the Estate.
If your Estate is worth more than R 250 000.00 the Master may recommend professional assistance. This is because of the complexities involved in Winding up of an Estate over R 250 000 (the drafting of a liquidation and distribution account etc).

It is therefore important to make sure the Executor that you appoint has the necessary experience in winding up of estates as the Executor remains personally liable for financial errors, wrong distributions or unpaid taxes.

If your Executor gives Power of Attorney to someone else to assist with the Winding up of the Estate then the Executor should CLOSELY monitor the agent/attorney. My personal opinion would be that the Executor asks the necessary questions and keeps a hands on approach by asking for Deceased account bank statements every month. In this way it would be easier to pick up any irregularities for example payments made to third parties that cannot be explained.

As an heir of a deceased you should also keep a hands on approach and may also ask for bank statements of the deceased estate.

Deceased estate are complex and making sure the Executor belongs to a governing body for example the Legal Practice Council ( attorneys)/ IRBA (auditors) are crucial in order for you or your family members to have other means of right of recourse to enforce non-compliance of their duty as Executor.

The Master's office handle a myriad of deceased estates and in practice their offices does not and/or cannot closely monitor whether the Executor deviates from his/her fiduciary responsibilities.

13/07/2026

https://nuusflits.com/masters-office-disruptions-place-focus-on-justice-departments-digital-rollout/?fbclid=IwZnRzaATCFGtwZG9mA2ZkaWQWUKezm21zRuAAjiW_GQI3OJIvZeTNm2V4dG4DYWVtAjExAHNydGMGYXBwX2lkCjY2Mjg1NjgzNzkAAR7yqdVLS1lSFpaFqLf1Mbur-HWzzuxZBhZnoQc5w714ytq93F5qbZUW85Al6w_aem_vNzQYki-YyVm3Tpg3i7d8A

The Department of Justice and Constitutional Development has provided details about service disruptions at the Pretoria and Cape Town Master’s Offices, including inaccessible physical files, network problems, processing delays and backlogs.

06/06/2026

What is Conveyancing?
Conveyancing is a highly specialised, technically intensive field that requires precision, statutory compliance, and a deep understanding of property law, risk, and regulatory frameworks.
To practise as a conveyancer in South Africa, attorneys must successfully complete the national Conveyancing Examination, a professional competency assessment set by the Legal Practice Council. This exam is widely regarded as one of the most challenging legal papers in the country.
Why is the pass rate so low?
The consistently low pass rate is not a reflection of candidate ability, it is a reflection of the complexity and responsibility inherent in conveyancing work.
Several factors that contribute are:
1. Technical complexity — Conveyancing requires mastery of statutes, regulations, Deeds Office practice, examiners’ conventions, and property law principles that must be applied with absolute accuracy.
2. High risk environment — Errors can cause financial loss, delays, or defective title, so the exam tests candidates at a standard that mirrors real world risk.
3. Volume of content — Candidates must know drafting, procedure, deeds registry practice, sectional titles, estates, bonds, endorsements, servitudes, and more.
4. Application over memorisation — The exam focuses on practical problem solving, drafting, and applying law to complex scenarios, not rote learning.
5. Time pressure — The papers are long, technical, and require fast, accurate drafting under strict time limits.
Why this matters for you?
Every property transfer, whether a first home, a deceased estate, a sectional title unit, or a commercial transaction, depends on a conveyancer who can navigate:
1. Compliance requirements
2. Financial risk
3. Statutory timelines
4. Deeds Office procedures
5. Client protection obligations
The rigorous exam ensures that only practitioners with the necessary skill, accuracy, and professional judgment are admitted to practise.
A profession built on precision
Conveyancers carry the responsibility of transferring the single largest asset most South Africans will ever own. The high standard of the exam protects the public, strengthens the integrity of the Deeds Registry system, and upholds the quality of legal practice in property law.

02/06/2026

‼️GET ADVICE BEFORE YOU SIGN

🏡 When a Property Looks “Stunning”… But Isn’t
A Marina Da Gama home. A collapsed wooden deck. A 12 year court battle. And in the end — every claim was dismissed.
Here’s what YOU should know.
1. What actually happened
The buyers purchased a home described by the estate agent as being in “stunning condition”. Seven months after moving in, the upper wooden deck collapsed.
Experts later found:
• The decks had no approved plans
• They did not meet National Building Regulations
• The defects were latent — meaning a normal buyer would not have seen them
The buyers sued the agent and the seller. After hearing their evidence, the court dismissed all claims.
💬 2. “Stunning” is not a legal promise
Words like “stunning”, “beautiful”, or “lovely” are sales talk, not guarantees. They do not mean the structure is sound or compliant.
To be misrepresentation, a statement must be a verifiable fact, not an opinion.
The court found:
• The agent did not know about the hidden defects
• He had no duty to conduct technical or engineering investigations
• No misrepresentation existed
⚖️ 3. The voetstoots clause protected the seller
A voetstoots clause means the property is sold as is.
To defeat it, a buyer must prove:
1. The seller knew about the defect, and
2. The seller hid it on purpose to mislead the buyer
The buyers could not prove either. In fact, they described the seller as honest and unaware of any problems.
❌4. Their damages claim was also incorrect
Even if they had won, they claimed the wrong type of damages.
The law allows a buyer to claim a reduction in the purchase price (actio quanti minoris), not full replacement costs. Repair costs can help estimate the loss — but they are not the loss itself.
🧾 5. The real lesson for property buyers
• Puffery is not a promise
• Voetstoots is difficult to overcome
• Buyers must investigate properly before signing👁️
• Litigation is slow, expensive, and uncertain
12 years. 9 court days. Significant legal fees 💰Every claim dismissed.

30/05/2026

Unfortunately, this happens with alarming regularity, thereby damaging the reputation of our profession. In South Africa, the Seller has the right to appoint the Conveyancing attorney as they stand to lose the most. However, in practice, purchasers or property practitioners often persuade the Seller to use 'their attorney'.

https://iol.co.za/news/crime-and-courts/2026-05-28-the-public-has-a-right-to-be-protected-lawyer-disbarred-for-dishonesty-and-client-betrayal/?fbclid=IwdGRjcASHRkVleHRuA2FlbQIxMQBzcnRjBmFwcF9pZAo2NjI4NTY4Mzc5AAEe1YETU_BXD8U8ibGlbUIQSbE544NtuY9c4hLUAP6d1x0eiVjHKOjrDARY9HY_aem_W4AMMjKcBPEzzXRrYT95vg

An attorney has been disbarred by the Western Cape High Court following multiple complaints of dishonesty and misappropriation of client funds, raising concerns that more victims may exist.

24/05/2026

https://www.facebook.com/share/1EeCNgrsck/?mibextid=wwXIfr

Legal experts warn property practitioners to be vigilant, as the Financial Intelligence Centre (FIC) cracks down on non-compliance.

23/05/2026

Are you aware that as legal practitioners, we collaborate rather than work in isolation? Although my expertise lies outside of litigation, my experience has taught me the value of cooperation over confrontation. While it's essential to adhere to client instructions, this doesn't necessitate animosity towards opposing counsel, who are equally obligated to act in their client's best interest. The most favorable outcome often involves compromise, where both parties derive some benefit and concede on certain points, resulting in a mutually beneficial resolution without lingering animosity, as the phrase goes, life is too short to harbor enmity.

06/01/2026

https://www.property24.com/articles/property-terms-explained-an-a-z-guide-for-buyers-sellers-and-renters/31697?fbclid=IwZnRzaAPJd_ZleHRuA2FlbQIxMQBzcnRjBmFwcF9pZAo2NjI4NTY4Mzc5AAEef7mPvgPxGdYPR_N-wNbjZtRn1HmEeZTcGvvosy87pKyZtSJ8_Jr_YCO8NSc_aem_VWaPP0hRE0UBircBuLtD9Q

When buying, renting, or selling, clients are often met with an assortment of new phrases related to the property industry. It is important for clients to familiarise themselves with these terms to avoid running into trouble later.