"We do not process files on a production line. Every matter is attorney-run with meticulous attention to detail and long-term consequence."
Based in Gqeberha, WM Nelson & Associates Inc. is a premier litigation and commercial advisory practice serving clients throughout the Eastern Cape and nationwide.
We believe in elite craftsmanship. Every piece of correspondence, affidavit, and agreement is drafted strictly in-house to an exacting standard, with an unyielding emphasis on clarity, strategy, and legal precision.
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Core Practice Areas
Commercial & Advisory
Overview: Protecting corporate interests through robust structures and governance.
- Drafting of bespoke contracts, loan agreements, and security structures.
- Shareholders’ agreements and Memoranda of Incorporation (MOI).
- Licence, franchise, and collaboration agreements.
- Ongoing commercial advisory, governance, and company secretarial support.
Civil & Commercial Litigation
Overview: Strategic representation across the High Court and Magistrates’ Courts.
- High Court and Magistrates’ Court litigation.
- Contractual disputes, loan recoveries, and substantial damages claims.
- Urgent applications, including interdicts and spoliation relief.
Property, Trust & Estate Disputes
Overview: Resolving high-stakes conflicts involving immovable property and family legacies.
- Disputes arising from the sale, transfer, or registration of immovable property.
- Occupation, eviction, and interim interdicts.
- Interpretation and enforcement of wills and complex trust instruments.
- Income, maintenance, and benefit rights arising from trusts and deceased estates.
Divorce & Matrimonial Law
Overview: Navigating complex patrimonial disputes with absolute discretion and precision.
- Contested and uncontested divorces.
- Division of joint estates, accrual disputes, and complex asset distribution.
- Parenting plans, care, contact arrangements, and maintenance.
Proportionate Strategy. Absolute Integrity.
Our work is guided by a resolute sense of integrity and justice. We do not over-litigate. Instead, we protect and advance your rights in a practical, proportionate manner. Our clients receive frank, clear, and sound advice from the outset, ensuring total transparency regarding legal prospects, risk exposure, and cost structures.
Who We Represent
High-Complexity Individuals:
Individuals involved in high-stakes divorces often featuring interlinked business, property, or trust structures.
SMEs & Enterprises:
Small to medium enterprises requiring robust litigation support, watertight commercial agreements, and ongoing advisory input.
Trusts & Professionals:
Families, trusts, and wealth professionals engaged in complex property, estate, and long-term financial arrangements.
The Multi-Disciplinary Network:
Where matters demand specialized, multi-disciplinary precision, we work seamlessly alongside trusted top-tier independent valuers, accountants, estate practitioners, and senior counsel.
FAQ
Below is a list of Frequently Asked Questions.
However, If you don't find your question here please ask one using the form provided.
We provide a broad spectrum legal services offering, including general litigation, conveyancing, family law, commercial litigation and estate and or personal matters. But pride ourselves in our specialised corporate and commercial law offering which includes technology law, commercial contracts, business structuring, and corporate and commercial litigation.
Yes
- The MoI is a public, Companies Act–driven document that sets out the company’s constitutional and core governance rules.
- A shareholders’ agreement is a private contract between shareholders, and often key directors, that regulates their day to day relationship and expectations.
A well drafted shareholders’ agreement typically deals with, among other things:
- Funding obligations and additional capital contributions
- ii. Decision making and voting thresholds
- iii. Deadlock and dispute resolution mechanisms
- iv. Exit mechanisms and valuation on exit, death or disability
- v. Dividend policy and profit distribution
- vi. Restraints of trade and non solicitation
Under the Companies Act 71 of 2008, the hierarchy is:
- Companies Act
- MoI
- Shareholders’ agreement
If there is a conflict, the Act and MoI prevail and the inconsistent part of the shareholders’ agreement is void.
It is therefore essential that the MoI and shareholders’ agreement are drafted as a coherent package, to avoid inconsistency and to ensure the shareholders’ commercial deal is properly reflected and enforceable.
A misrepresentation is a false statement of past or present fact that induces another party to contract. In commercial contexts this can be fraudulent, negligent or innocent. Depending on the type and gravity, the aggrieved party may seek:
- Cancellation of the contract, setting it aside and restoring the parties, as far as possible, to their pre‑contract position; and/or
- Damages for loss suffered because of the misrepresentation
In some circumstances, specific performance or a combination of remedies may be appropriate, subject to election and waiver principles.
In consumer‑facing contracts, the Consumer Protection Act 68 of 2008 provides additional protection against misleading, deceptive or unfair marketing and terms, which can render provisions void and expose suppliers to enforcement action.
Because partnerships are governed largely by common law, simply “walking away” without documenting dissolution can leave you exposed to:
- legacy debts or contracts incurred in the partnership’s name;
- disputes about who owns assets, goodwill, client relationships, or the trading name; and
- later claims for an accounting or share of profits.
A written dissolution of partnership agreement is advisable where:
- There are significant assets or liabilities;
- One partner will continue the business or use the trading name; and/or
- There is any scope for future claims or disputes.
In more complex or higher value partnerships, a properly drafted dissolution agreement is often essential risk management.
Contact us
WM Nelson & Associates Inc.
147 Cape Road,
Mill Park, Gqeberha, 6001
Eastern Cape, South Africa
+27 (0) 41 450 2521
warren@nelsoninc.co.za