Requirements for Establishing a Claim

To establish a claim against the Fund, a claimant must prove:

• that he/she has suffered pecuniary loss
• by reason of theft committed by an attorney, candidate attorney or employee of the attorney
• of money entrusted by or on behalf of the claimant to the attorney
• in the course of the attorney’s practice as such.

 
Typical losses covered by the Fund include the theft of:

• money from deceased or insolvent estates;
• money held pending registration of the transfer of immovable property;
• settlements in personal injury claims.

 
The Fund does not reimburse the following losses arising from:

• negligence by a practitioner in the conduct of his or her practice;
• business transactions with the attorney;
• money that is handed to an attorney for investment purposes;
• loans to the attorney.

Certain relationships such as family, business or partnership associations will preclude a person from claiming.