A valid will is generally beneficial, but it has limits and cannot deal with every aspect of planning. A will operates on death. It does not manage your affairs while you are alive if you lose mental capacity. An ordinary…

Transferring an existing house into a trust is a formal property transfer and should be handled by a conveyancing attorney with tax advice. The trust should first be properly established, its trustees must hold valid Letters of Authority from the…

A deceased estate has no separate legal personality at common law. For purposes of administration, the estate’s assets, rights and obligations vest in the executor in the representative sense recognised by South African law. The executor takes custody or control…

The rightful heirs or beneficiaries are determined first by any valid will and, to the extent that the estate is not validly disposed of by a will, by the Intestate Succession Act 81 of 1987. Where a valid will applies,…

Where an executor is appointed, that person is legally authorised to administer the estate and acts in a representative and fiduciary capacity. For an estate administered under section 18(3), a Master’s Representative acts under Letters of Authority instead of an…

A deceased estate must generally be reported to the Master of the High Court within 14 days of the date of death. Section 7 of the Administration of Estates Act 66 of 1965 sets out the reporting obligation and identifies…

Trust funds are paid or applied for beneficiaries in accordance with the trust deed and a valid trustee decision. In a discretionary trust, a beneficiary does not usually have an automatic right to a payment. The trustees must exercise the…

Where the gross value of a deceased estate does not exceed R250,000, the Master may apply the simplified procedure in section 18(3) of the Administration of Estates Act. Instead of appointing an executor and issuing Letters of Executorship, the Master…

There is no standard price for making a will in South Africa. Drafting may be offered at no separate charge under a free campaign or broader service, or charged as a professional service according to the complexity of the advice…

Yes. A lawyer is not legally required to draft or execute a South African will. Formal validity depends on the testator having the required capacity and on the will being executed in accordance with the Wills Act. Professional input can…