Straight answers to the questions we hear most.

Wiese & Wiese Inc. practises in insurance law, litigation, commercial law, labour law, debt collection, matrimonial matters, and wills, trusts and estate planning. The firm also offers two specialist services to other attorneys: legal cost consulting (drawing and taxing bills of costs) and correspondent attorney services in Pretoria. Its core strength is short-term insurance litigation.

Yes. Wiese & Wiese Inc. is a registered South African law firm, and its attorneys are admitted legal practitioners regulated by the Legal Practice Council under the Legal Practice Act 28 of 2014. As an attorneys' practice that handles client trust money, the firm is bound by professional conduct rules and is required to hold a valid Fidelity Fund certificate.

To instruct Wiese & Wiese Inc., phone 012 343 1268 or 071 606 2457, or email instructions@wieseattorneys.co.za with a short description of your matter. The firm offers face-to-face consultations at its Pretoria offices. For cost consulting or correspondent instructions, attorneys can send the file directly and the firm will confirm the mandate and fee arrangement.

In South Africa, both attorneys and advocates are legal practitioners under the Legal Practice Act, but their roles differ. An attorney is your first point of contact: they advise you, handle your paperwork and manage your matter, and may appear in court. An advocate is a courtroom and opinion specialist, usually briefed by an attorney for complex trials or appeals. Wiese & Wiese Inc. is a firm of attorneys and will brief an advocate on your behalf when a matter calls for one.

Wiese & Wiese Inc. is based in Pretoria and regularly assists clients across Gauteng. For litigation the firm appears in the Pretoria courts and the Gauteng Division of the High Court, and it acts as a Pretoria correspondent for attorneys based elsewhere. Cost consulting work is handled for firms nationally, with free file collection and delivery within Pretoria.

A bill of costs is an itemised account setting out the fees and disbursements a party is entitled to recover, drawn according to the applicable High Court or Magistrate's Court tariff. It is prepared after a matter is finalised or when a costs order is made, and forms the basis for taxation or negotiation of what the paying party must actually pay.

Taxation is the formal process where the Taxing Master of the court examines a bill of costs, item by item, and decides which fees and disbursements are properly recoverable. Items that are excessive or not allowed are reduced or removed, and the Taxing Master issues an allocatur confirming the taxed amount. Wiese & Wiese Inc. attends taxations in all forums on behalf of instructing attorneys.

Party-and-party costs are the costs a successful litigant can recover from the losing party under a costs order, limited to what was necessary to conduct the case. Attorney-and-client costs are the fuller costs owed by a client to their own attorney, or awarded on a punitive scale, and cover more than party-and-party costs. A cost consultant can draw bills of costs on either scale.

Wiese & Wiese Inc.'s cost-consulting fees follow the applicable High Court and Magistrate's Court tariffs, so the amount depends on the bill and the work involved. Because every instruction is different, we do not publish set rates here. Contact the firm and we will confirm the fees for your specific matter before any work begins.

Yes. Wiese & Wiese Inc. offers free file collection and delivery from and to any office in Pretoria for cost consulting instructions. Collection and delivery of files from offices outside Pretoria can be arranged on an ad hoc basis. This lets instructing attorneys hand over cost work with minimal disruption.

Yes. Wiese & Wiese Inc. will attend to the settlement, opposing or taxation of a bill of costs that the firm did not draft, on request. Because this involves reviewing another party's work, such instructions are handled under a separate fee agreement confirmed before the work begins.

First ask your insurer for written reasons and lodge an internal dispute. If that fails, you can escalate the matter free of charge to the National Financial Ombud Scheme (NFO), or instruct an attorney to challenge the rejection and, if needed, litigate. Wiese & Wiese Inc. specialises in short-term insurance disputes and can review your policy and the insurer's decision to advise on the strongest route.

The National Financial Ombud Scheme South Africa (NFO) is a free, independent body that resolves complaints between consumers and banks, credit providers and insurers. It began operating on 1 March 2024 and replaced four former schemes, including the Ombudsman for Short-Term Insurance. You must first complain to your insurer; if the dispute is unresolved, the NFO can investigate and make a ruling. An attorney can assist where a matter is complex or heads to litigation.

Subrogation is the right of an insurer, after paying a claim, to step into the shoes of the insured and recover that amount from the party who caused the loss. A subrogated recovery is the resulting claim, usually pursued in the insured's name. Wiese & Wiese Inc. litigates subrogated recoveries and liability claims on behalf of insurers.

Yes. A key focus of Wiese & Wiese Inc. is providing litigation and advisory services to the short-term insurance industry, including insurers and intermediaries. The firm handles subrogated recoveries, disputed claims, liability and quantum audits, policy reviews, and compliance advice on insurance legislation.

Wiese & Wiese Inc. provides a single Pretoria service address covering the Pretoria Magistrate's Court, the Pretoria North Magistrate's Court, and the Gauteng Division of the High Court, Pretoria (formerly the North Gauteng High Court). The firm's litigation attorneys attend to appearances, procedural steps and trials, giving instructing attorneys transparent billing and reliable local coverage.

It depends on the court, the complexity of the dispute and whether it is opposed. A simple, undefended matter can conclude in a few months, while a defended High Court trial often takes one to three years or longer once pleadings, discovery and trial dates are factored in. An attorney can give you a realistic timeline after assessing your specific matter.

Debt collection usually starts with a letter of demand giving the debtor a set period to pay. If they do not, the creditor issues a summons and, if the debt is undefended, obtains default judgment, followed by enforcement steps such as a warrant of execution or an emoluments (garnishee) order. Wiese & Wiese Inc. manages this process so you do not spend good money recovering bad debt.

A letter of demand is a formal written notice requiring a person or business to pay an outstanding amount or fulfil an obligation within a stated time, failing which legal action will follow. It is usually the first formal step in debt collection and often prompts payment without the need for court proceedings.

Yes. Wiese & Wiese Inc. assists businesses and individuals to recover outstanding debts, from the initial letter of demand through to summons, judgment and enforcement. The firm focuses on a commercially sensible approach, weighing the cost of recovery against the amount owed and the debtor's ability to pay.

The CCMA (Commission for Conciliation, Mediation and Arbitration) first attempts to resolve a dispute through conciliation, an informal meeting to reach settlement. If that fails, most dismissal disputes proceed to arbitration, where a commissioner hears evidence and makes a binding award. Certain disputes, such as automatically unfair dismissals, are referred to the Labour Court instead. An attorney can guide you on process and representation.

Wiese & Wiese Inc. advises both employers and employees on labour matters, including dismissals, disciplinary processes, and disputes referred to the CCMA or bargaining councils. The firm helps employers apply fair procedure and helps employees enforce their rights under the Labour Relations Act and Basic Conditions of Employment Act.

If you marry without an antenuptial contract, you are automatically married in community of property, meaning you share a single joint estate of assets and debts. Marrying out of community of property requires an antenuptial contract (ANC) signed before the date of marriage and keeps your estates separate, with or without the accrual system, which shares growth built up during the marriage. An ANC cannot simply be concluded between parties informally, and must be registered with the Deeds Office with the assistance of an attorney and notary. The regime affects how assets are divided on divorce or death.

An uncontested (unopposed) divorce is one where both spouses agree on all issues, meaning the division of assets, maintenance, and any arrangements for children, usually recorded in a settlement agreement. Because there is no dispute to argue, it can be finalised far more quickly and cost-effectively than a contested divorce. Wiese & Wiese Inc. can draft the settlement agreement and guide the matter through court.

If you die without a valid will (intestate), your estate is distributed under the Intestate Succession Act 81 of 1987 according to a fixed formula. In broad terms, your surviving spouse and children inherit, with the spouse receiving a child's share or a set minimum amount, whichever is greater; if there is no spouse or children, other relatives inherit. The court also appoints an executor, over whom your family has less say.

When someone dies, their estate must be reported to the Master of the High Court, who appoints an executor to administer it. The executor collects the assets, settles debts and taxes, and distributes the balance to the heirs under the will or intestate law. Smaller estates can be wound up through a simplified process. Wiese & Wiese Inc. assists executors and families with estate administration.

A trust is a legal arrangement where assets are held and managed by trustees for the benefit of others (the beneficiaries). People set up trusts to protect assets, provide for family or minor children, and plan the smooth transfer of wealth. A living (inter vivos) trust is created during your lifetime, while a testamentary trust is set up in your will. Wiese & Wiese Inc. advises on establishing and administering trusts.

Estate planning is arranging your assets and affairs during your lifetime so that your wealth is preserved and passes to your chosen beneficiaries efficiently on your death. It typically combines a valid will, the right marital regime, trusts where appropriate, and attention to estate duty and liquidity. Wiese & Wiese Inc. helps clients put a practical estate plan in place.

Yes. Wiese & Wiese Inc. offers face-to-face consultations at its Pretoria offices so it can understand the exact needs of each client before recommending a way forward. To arrange a consultation, phone 012 343 1268 or email instructions@wieseattorneys.co.za with a brief outline of your matter.

Bring any documents relevant to your matter, for example your contract, correspondence, an insurance policy and claim documents, a dismissal letter, court papers, or a marriage certificate and asset details for a divorce. Having the key documents on hand lets the attorney assess your position accurately and advise you efficiently at the first meeting.