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JW Fourie
JW Fourie, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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When my husband,s estate was wound up the senior partner in

Resolved Question:

When my husband,s estate was wound up the senior partner in the law firm forgot to cancel the insurance on the house and I paid that every month not knowing as I never got bank statements and the lawyer had power of attorney so was not worried. When he retired a new person wrote to ask me what to do with all the unopened bank statements and I asked them to be given to my daughter. The family and I met up last July in Latvia and I then opened the statements she had brought and we found the amount which I knew nothing about. On coming home I got on to Ned Bank and with many many phone calls at last got an email giving me the name of a company in Port Elizabeth who told me the money was for insuranance on my house which had been sold about 14 years ago. The Insurance Co said if I can prove I am who I said I was the money would be reimbursed. Due to the postal strike things were very very difficult
Submitted: 2 years ago.
Category: South Africa Law
Expert:  JW Fourie replied 2 years ago.
Good Morning. My name is ***** ***** I will try and assist.

I am sorry if I seem flippant, it is not my intention, but I am unsure as to what exactly it is that your are asking.
Customer: replied 2 years ago.

Thank you for helping me. My lawyer here needs to know if a power of attorney from me here will be accepted in South Africa before she proceeds and everything is signed. It is a question of YES or NO The lawyer in SA would have proceeded with this but asked for a deposit of 2000 Rand before proceeding which my son in law was not happy about as with our calculations I have already lost the value of £10,000 And it is their firms fault .Of course not the person I spoke to.

Expert:  JW Fourie replied 2 years ago.
The power of attorney will be acceptable if the person giving the power of attorney has the capacity to contract (meaning above 18 years and not mentally incapable of conducting his/her own affairs) and the document adheres to the following:

SIGNING/EXECUTING OF DOCUMENTS OUTSIDE SOUTH AFRICA FOR USE WITHIN SOUTH AFRICA:

3 Rule 63 of the Uniform Rules of the High Court regulates the requirements for authentication.

In terms of Rule 63 a document is sufficiently authenticated by means of a Certificate of Authentication which bears the signature and seal of office of:

i. a head of a South African diplomatic or consular mission or a person in the administrative or professional division of the public service serving at a South African diplomatic, consular or trade office abroad; or

ii. a consul-general, consul, vice-consul or consular agent of the United Kingdom or any person acting in any of the aforementioned capacities or a pro-consul of the United Kingdom; or

iii. any Government authority of such foreign place charged with the authentication of documents under the law of that foreign country; or

iv. any person in such foreign place who shall be shown by a certificate of any person referred to in paragraph (i), (ii) or (iii) or of any diplomatic or consular officer of such foreign country in the Republic to be duly authorised to authenticate such document under the law of that foreign country; or

v. a Notary Public in the:

- United Kingdom of Great Britain and Northern Ireland (England or Ireland);
- Zimbabwe;
- Lesotho;
- Botswana;
- Swaziland; or

vi. a Commissioner Officer of the South African Defence Force as defined in section 1 of the Defence Act, 1957 (Act 4 of 1957) in the case of a document executed by any person on active service.

I hope this helps you a little bit, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.

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