
Wills
In order to protect your loved ones after your death, estate planning is essential. Our attorneys will look at your assets, liabilities, family structure and relationships in order to advise you on marital property regimes, the establishment of trusts and companies, business continuity and the care of minor children, amongst other issues, in order to structure your affairs and to draft a will for you that will maximise the benefit to your heirs.
In order to ensure that the estate planning is put into effect, we are available to act as the executor in your estate and the trustee of a testamentary trust created by your will.
Not having a will can lead to your legacy diminishing, with many estates being administered incorrectly, fraudulently or not at all.
Administration of Estates
If your loved one passed away with or without a will, we are available to act as the executor or as the executor’s agent in the administration of the estate.
Should your loved one have left a valid will, our firm or yourself will need to have been nominated by the deceased to act as the executor in terms of the will and the estate will be dealt with in terms of the will.
Should your loved one not have left a will, the estate will be dealt with in terms of the Intestate Succession Act 81 of 1987 and the heirs will need to nominate an executor.
For the initial reporting of the estate, and in preparation for the first consultation with our office, please have the following documents/information available:
- The deceased’s identity document;
- The death certificate;
- The death notice;
- The deceased’s marriage certificate (if applicable);
- The deceased’s antenuptial contract (if applicable);
- The will (if applicable);
- The names of the deceased’s parents;
- The deceased’s tax number;
- The birth certificates of the deceased’s children (if applicable);
- Details of immovable property owned by the deceased (if applicable);
- Details of movable property owned by the deceased (including vehicles, furniture & effects etc); and
- Details of policies, investments, bank accounts, credit facilities and home loans (including documentation and statements).


Trusts
Trusts can be established during your lifetime (inter vivo trusts) and upon your death by way of your will (testamentary trusts) in terms of the Trust Property Control Act 57 of 1988. A trust is established by way of a trust deed and must be registered with the Master of the High Court. The Master of the High Court issues letters of authority to the trustees who then administer the trust property for the benefit of the beneficiaries.
Our attorneys are available to assess your requirements and to advise you on the suitability of a trust, to form the trust, attend to the registration thereof and to act as an independent trustee.
