Wills & Deceased Estates

A valid will is one of the most important documents you will ever sign. It determines who inherits your assets, who raises your minor children, and whether your estate is wound up efficiently or left in the hands of the Intestate Succession Act. When someone close to you passes away, we guide the family through the administration of the estate — practically, promptly, and with care.

Why Your Will Matters

Dying without a valid will — called dying intestate — means the Intestate Succession Act 81 of 1987 determines how your estate is distributed. The Act follows a fixed formula that may not reflect your wishes. A surviving spouse and children will share the estate in prescribed proportions; unmarried partners receive nothing at all. A valid will gives you control over who inherits, in what proportions, and under what conditions.

Wills in South Africa must meet strict formal requirements under the Wills Act 7 of 1953. A will that is improperly signed, witnessed, or dated can be declared invalid — leaving your estate to be distributed as if you had no will at all. We draft wills that are carefully worded, correctly executed, and properly stored.

Winding Up a Deceased Estate

When a person dies, their estate must be formally administered under the Administration of Estates Act 66 of 1965. The process begins with reporting the death to the Master of the High Court and appointing an executor. The executor then inventories all assets, advertises for creditors, pays all debts and taxes, and ultimately distributes the balance to the heirs in accordance with the will or the Intestate Succession Act.

A straightforward estate typically takes between six and twelve months. Complex estates — involving immovable property, business interests, offshore assets, or disputes among heirs — can take considerably longer. Appointing an experienced attorney as executor, or assisting an appointed executor with the legal requirements, significantly reduces delays and errors.

What We Handle

• Drafting of wills, codicils, and living wills tailored to your specific circumstances
• Advice on testamentary trusts, special bequests, and minor beneficiary provisions
• Reporting deceased estates to the Master of the High Court
• Acting as executor or as agent for a family member appointed as executor
• Advertising for creditors and managing estate liabilities
• Preparation of liquidation and distribution accounts
• Transfer of immovable property to heirs and beneficiaries
• Disputes among heirs, challenges to the validity of wills, and intestate distribution queries