Search

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. A more complex estate plan may take longer where tax advice, testamentary trusts, business interests or cross-border issues need to be considered.

Winding up the estate after death is a separate process. The Administration of Estates Act contains compulsory stages: a death must generally be reported to the Master within 14 days in the circumstances prescribed by the Act; creditors must be invited to lodge claims for at least 30 days; the executor must generally lodge the Liquidation and Distribution Account within six months of appointment unless the Master allows more time; and the account must later lie open for inspection before distribution.

The overall administration period depends on matters such as the Master’s processing times, SARS requirements, property transfers, business interests, foreign assets, disputes, creditor claims and objections to the estate account. There is therefore no reliable single completion time that applies to every estate.

For current deceased estate procedures and prescribed requirements, refer to the Master of the High Court’s official deceased estates guidance.

See also: What happens when a person dies without a will in South Africa?


Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.