FREQUENTLY ASKED QUESTIONS
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Where is the best place to create a will?
There is no legally prescribed best place to create a will. What matters is whether the person or organisation helping you has the right expertise, considers your wider estate plan, supervises correct execution, explains fees and executor arrangements clearly, and…
What are the disadvantages of having a will in South Africa?
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…
Who is the head of the deceased estate?
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…
How long does a will take in South Africa?
There are two different timeframes that people often mean by this question. Preparing the will itself has no statutory time period. A straightforward will can often be drafted and signed relatively quickly once the necessary information and instructions are available.…
What is the minimum cost to draft a will?
There is no statutory minimum fee for drafting a will in South Africa. A will may be drafted free of charge during initiatives such as National Wills Week, included in a broader fiduciary or financial services offering, or charged for…
How many people can be in a family trust?
South African law does not prescribe a general maximum number of trustees or beneficiaries in a family trust. The trust deed determines who may serve as trustee and how beneficiaries are defined, subject to the general requirements of trust law…
How does a deceased estate work?
When a person dies, the deceased estate must be reported and administered under the Administration of Estates Act 66 of 1965. The estate is generally reported to the Master of the High Court within 14 days. Jurisdiction ordinarily lies with…
What happens to a deceased estate without a will?
If a person dies without a valid will, or if part of the estate is not validly disposed of by the will, that portion of the estate devolves under the Intestate Succession Act 81 of 1987. The Act sets out…
How much to make a will in South Africa?
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…
Where would an estate valued under R250,000 be reported?
An estate valued at R250,000 or less falls within the current monetary threshold for the simplified section 18(3) procedure, but the reporting location is still determined by the Master’s jurisdiction and current service point rules. The estate should be reported…