Estate duty is calculated under the Estate Duty Act 45 of 1955. Broadly, the calculation starts with the deceased’s property and any property deemed to be property for estate duty purposes. For a person who was ordinarily resident in South…

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…

The Department of Justice provides online tools for deceased estate registration and status information. The Deceased Estates Online Registration System is accessed through the Department of Justice online services platform. The Department’s 2026/27 Annual Performance Plan records that the system…

Sometimes, but the executor’s power is controlled by section 47 of the Administration of Estates Act and by the will. Section 47 provides that, unless it would be contrary to the deceased’s will, an executor must sell estate property in…

A tax-free savings account (TFSA) provides valuable tax advantages, but your choice of investments determines the risks you take and the returns you may earn. No single investment is appropriate for everyone. Start with the purpose of the money, when…

A family trust brings cost, administration and tax complexity that should be weighed against its planning benefits. An ordinary trust is currently taxed at 45% on taxable income retained and taxed in the trust, and its maximum effective capital gains…

A Last Will, also called a Last Will and Testament, is a document in which a person records what should happen to their estate after death. The person making the will is called the testator. In South Africa, the Wills…

Yes. South African law does not require an attorney or fiduciary professional to draft your will. A person who is at least 16 years old and has the required testamentary capacity may draft their own will, provided it is executed…

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…

South African trusts can be classified in several different ways, depending on their legal structure, how they were created, the rights of their beneficiaries and their tax treatment. In its current Comprehensive Guide to the Income Tax Return for Trusts,…