Pullock Attorneys
Notarial services explained
Some documents carry more legal weight and must be signed before a Notary Public. Here’s what a notary does, and the documents we draft and register.
A Notary Public is an attorney with a further specialist qualification, authorised to draw, attest and register certain documents that ordinary attorneys cannot. A notarised document carries a higher evidentiary status and, once registered in the Deeds Office, binds third parties. Tracy Pullock is admitted as a Notary Public, so these documents are prepared and executed in-house.
What we draft and register
Antenuptial contracts (ANCs)
An ANC sets out how a couple’s assets are dealt with during their marriage and at the dissolution thereof either by death or divorce. It must be signed before a notary before the wedding and registered in the Deeds Office within 3 months of the date of signature thereof. Without an ANC, you are automatically married in community of property, which merges your estates. See our dedicated antenuptial contracts and wills page for more.
Deeds of servitude
A servitude is a registered right over someone else’s land which is a right of way, a right to draw water, or a restriction protecting a view. We draft and register the notarial deed so the right is secured against the property itself.
Notarial bonds
A bond registered over movable property (rather than land) as security for a debt, general or special. Often used in business and financing arrangements.
Cessions of usufruct
A usufruct lets one person use and enjoy property owned by another (commonly a surviving spouse living in a home the children inherit). We handle the notarial cession and its registration.
Notarial attestation of documents
Certain documents need to be signed before a Notary Public or certified by a Notary Public for use abroad. We can hold your hand through this confusing process by liaising with the overseas parties to ascertain what is required and attending to the attestation and legalisation (if required) of the required documents.
Why registration matters
It binds third parties. A registered right survives a change of ownership.
It creates certainty. The terms are fixed, dated and publicly recorded.
It protects the vulnerable party. The spouse, the tenant, the holder of the servitude.
Common questions
Do both partners have to be present to sign an ANC?
Both parties (or a duly authorised proxy) must sign before the notary, and it must be done before the marriage. We can arrange signing at any of our three offices.
Can you register a servitude after transfer?
Yes — a servitude can be registered separately, though it’s often most efficient to deal with it during a related transfer.
What happens if we marry without an antenuptial contract?
You’ll be married in community of property by default. Changing your matrimonial property regime afterwards is possible but requires a High Court application, which is far more costly than an ANC.
This page is general information about Pullock Attorneys’ services and is not legal advice. Costs and timeframes are indicative and vary by matter. Please contact us for advice specific to your situation.
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Every matter is handled personally by a senior conveyancer and not passed down a queue.
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Hermanus · Betty’s Bay · Pringle Bay
Mon–Fri, 08:30–16:30
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