Wills & Estates
Your Final Wishes, Legally Bound.
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Wills & Estates
List of services
- Will drafting, review, and safe custody
- Deceased estate administration and reporting
- Executor and trustee appointments
- Trust formation and inter vivos trust deeds
- Intestate succession advice and disputes
- Estate planning for business owners and high-net-worth clients
Your Life’s Work, Protected for Theirs
Wills & Estates FAQ
What Laws Govern Wills & Estates?
Wills and estates in South Africa are regulated by a comprehensive framework of legislation designed to protect both the deceased’s wishes and the rights of surviving family members. The key statutes are:
- Wills Act 7 of 1953 – Sets out the formal requirements for drafting a valid will
- Administration of Estates Act 66 of 1965 – Governs how a deceased estate is reported, administered, and wound up
- Intestate Succession Act 81 of 1987 – Determines how an estate is distributed if a person dies without a valid will
- Maintenance of Surviving Spouses Act 27 of 1990 – Protects a surviving spouse’s right to reasonable maintenance from the deceased estate
- Estate Duty Act 45 of 1955 – Imposes estate duty (tax) on estates exceeding the prescribed threshold
What Makes a Will Legally Valid?
A will that does not meet the formal requirements of the Wills Act is invalid and cannot be executed — meaning your estate will be distributed as if no will exists. The requirements for a valid will in South Africa are:
- In writing — oral wills are not recognised
- Signed by the testator at the end of the document; if unable to sign, a mark or thumbprint is acceptable in the presence of a commissioner of oaths
- Two competent witnesses must be present at signing and must also sign the will — both must be older than 14 years
- Witnesses must not be beneficiaries — any bequest made to a witness or their spouse may be invalidated
- Every page must be signed or initialled by the testator and both witnesses
- The testator must be at least 16 years old and of sound mind at the time of signing
What Happens If You Die Without a Will?
Dying without a valid will — known as dying intestate — means your estate is distributed strictly according to the Intestate Succession Act 81 of 1987, regardless of your personal wishes. The Act distributes the estate among surviving relatives in a fixed order of priority:
- Spouse only (no children) — spouse inherits the entire estate
- Children only (no spouse) — children inherit in equal shares
- Spouse and children — the spouse receives either a child’s share or R250,000, whichever is the greater amount
- No spouse or children — the estate passes to parents, siblings, and extended family in descending order
- No surviving relatives — the estate is forfeited to the State
Importantly, if you are in a domestic partnership or lobola relationship not recognised as a legal marriage, your partner may receive nothing under intestate succession — making a valid will critical.
How Is a Deceased Estate Administered?
Once a person passes away, their estate goes through a formal administration process overseen by the Master of the High Court. The key steps are:
- Report the estate – The estate must be reported to the Master of the High Court within 14 days of the date of death by any person in possession of assets or a will
- Lodge the will – The original will must be submitted to the Master for validation
- Appointment of executor – The Master appoints the nominated executor (or a suitable person if none was nominated) and issues Letters of Executorship
- Liquidation and distribution account – The executor collects all assets, settles debts, pays taxes and estate duty, and drafts a formal account for the Master’s approval
- Distribution – Once the account is approved and lies for inspection for 21 days without objection, assets are distributed to beneficiaries as per the will or intestate succession rules
What Is Estate Duty and How Much Will My Estate Pay?
Estate duty is a form of death tax levied by SARS on the dutiable value of a deceased estate. The key rules are:
- Estates with a net value below R3.5 million are exempt from estate duty
- Estates above R3.5 million are taxed at 20% on the first R30 million above the threshold
- Estates above R30 million are taxed at 25% on the amount exceeding R30 million
- The R3.5 million threshold rolls over to a surviving spouse — meaning the surviving spouse enjoys a R7 million combined abatement upon their own death
- Life insurance policies may also attract estate duty if the total insured value exceeds R3.5 million
Proper estate planning — including the use of testamentary trusts, inter vivos trusts, and careful beneficiary nominations on life policies — can significantly reduce estate duty liability, making consultation with an estates attorney highly advisable.
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