MTR ATTORNEYS

Our Estate Late Litigation Services are designed to address all aspects of estate disputes. From Estate Administration Disputes to Estate Asset Disputes, our attorneys have the expertise to handle even the most intricate legal challenges. We understand that estate conflicts can arise for various reasons, including unclear wills, executor misconduct, or contested inheritance. Whatever the situation, our Estate Dispute Attorneys are dedicated to achieving a fair resolution.

we recognize that trusts are essential tools for asset management and beneficiary protection. However, when disputes arise within a trust, the situation can become legally complex and emotionally taxing. Our experienced Trust Litigation Attorneys are here to guide you through these challenges, providing expert Trust Dispute and Fiduciary Litigation Services to protect your rights and interests.

Our firm specializes in all aspects of Trust Litigation, including Trust Administration Disputes and cases involving Trustee Misconduct. Whether you need to remove a trustee who has breached their fiduciary duties or seek a court order to wind up a trust, our Trust Dispute Attorneys are equipped with the knowledge and experience to handle even the most Complex Trust Litigation cases.

Litigation is the legal process of enforcing or defending one’s rights through the courts. It involves a series of steps, including filing a lawsuit, pre-trial procedures, and potentially going to trial, to resolve disputes.

Magistrates’ Courts in South Africa generally handle less serious matters compared to the High Courts. This includes small claims, minor criminal cases, certain family law matters, and civil disputes with lower monetary values.

High Court litigation involves more serious legal matters that are typically beyond the jurisdiction of Magistrates’ Courts. The High Court handles cases such as serious criminal offenses, significant civil disputes, and complex family law matters.

we offer experienced and strategic litigation services across various legal fields, including civil, and family law. Our client-focused approach ensures personalized attention and practical solutions aimed at achieving the best possible outcomes.

Whether in the High Courts or Magistrates' Courts, we support a methodical, planned, and considered approach to litigation. Our objective is to successfully and efficiently navigate the legal system while making sure that our clients' rights are upheld at every turn.

Matters concerning section 37C of the Pension Funds Act
In the event that a member of a pension fund dies before reaching retirement age (and if the rules of the particular fund permit), the lump sum benefit which becomes payable (hereinafter referred to as the “death benefit”) must be paid to the member’s dependents and/or nominees.

Section 37C of the Pension Funds Act regulates the payment of death benefits. The primary objective of section 37C is to ensure that those persons who were dependent on the deceased member are not left destitute after his/her death, irrespective of whether the deceased was legally required to maintain them.

The section 37C process can be summarized as follows:

The board of trustees must identify and trace “dependents” (as defined in section 1 of the Pension Funds Act) and those persons, if any, who have been nominated by the deceased member;
Make benefit allocations on a fair and equitable basis; and
Determine an appropriate mode of payment of the death benefit.
We advise trustees on the proper application of Section 37C of the Pension Funds Act which includes assistance with disputes and matters referred to the Pension Funds Adjudicator. We also advise and represent dependents/beneficiaries where allocations by the board of trustees are not fair or equitable.

Matters concerning section 37D of the Pension Funds Act
We advise employers, funds and boards of trustees on the proper implementation of section 37D. With the assistance of our Employment Law Department, we assist the employer with the exercise of its rights in terms of section 37D in a lawful and procedurally correct manner.

The guiding principles surrounding section 37D has been cemented in case law on numerous occasions.

The Pension Funds Adjudicator in the matter of Records v Barlows Pension Fund [2000] 8 BPLR 920 (PFA summarized the provisions as follows:

There must be an amount due by a member to his employer on the date of his retirement or on which he ceases to be a member of the fund;
The amount must be in respect of compensation in respect of any damage caused to the employer;
The damage caused to the employer must be by reason of theft, dishonesty, fraud or misconduct by the member;
The member must either admit liability in writing to the employer or judgment must be obtained in any court;
The judgment or the written admission of liability must be in respect of the compensation due in respect of the damage caused.
The practical effect of 37D can therefore be summarized as follows – an employee misconducts himself, which misconduct causes the employer damage, the employer will then issue summons and obtain judgment against the employee, the employer can present his judgment to the fund and a deduction against the employees benefit should be allowed.

Referring complaints to the Pension Funds Adjudicator / Defending Pension Fund Adjudicator complaints. Lodge appeals with the Financial Services Tribunal against determinations made by the Pension Funds Adjudicator.
We advise and represent funds, trustees, members, dependents/beneficiaries or any interested party with the launching or opposition of Pension Fund Adjudicator complaints.

Parties that are aggrieved by decisions of the Pension Funds Adjudicator may now lodge appeals with the Financial Services Tribunal. Previously, parties had to appeal Pension Funds Adjudicator determinations to the High Court at great cost within 6 weeks of the determination.

We assist with the launching or opposition of appeals lodged with the Financial Services Tribunal.