DRAFTING OF WILLS

​

A will is the only instrument by means of which a person can distribute his estate in accordance with his own wishes. For a will or other testamentary disposition to be valid it must comply with the legal formalities set out in the Wills Act No 7 of 1953. If the will does not comply with the requirements of the Act, it will be disregarded and distribution of assets will take place in accordance with the Intestate Succession Act.

​

A will, like any other written document, is interpreted purely by its contents and no evidence from outside the document will be allowed to determine the intention of the testator. To ensure that the wishes of the testator collate with that which the Executor understands when executing his wishes after death, a will should be drafted by a professional with experience.

Your will needs to be revised on a regular basis seeing that changes in personal circumstances and legislation occur often.

​

It is important that your will is kept in a safe place and a relative or spouse is informed of the place of safe keeping ensuring that the executor, appointed in the will, is informed of the death of the testator promptly and without delay.

A well-drafted will ensures that, after death, an estate will be finalized quickly and without unnecessary time delays, which will be to the benefit of all parties involved.

​

ADMINISTERING OF DECEASED ESTATES

Finalizing a deceased estate is an administratively complex process and a delicate task requiring thoughtful consideration.

The process of administering a deceased estate is regulated by the Administration of Estates Act, No 66 of 1965 and distributed in accordance with a valid registered will or the Intestate Succession Act, No 81 of 1987 or a combination of both. Thorough knowledge of other relevant Acts pertaining to Income tax, Estate Duty and Donations tax, are also required.

Due to the extensive knowledge needed to finalize a deceased estate, the Master of the High Court will only appoint a private person or family member if assisted by 'n qualified professional.

​

The responsibilities of an Executor entails, among others, the following:

1. Reporting the estate with the Master of the High Court

2. Opening a bank account for the estate

3. 3. Notice to creditors to submit claims, as prescribed by The Administration of Estates Act

4. Arranging evaluation of assets

5. Requesting tax certificates

6. Collecting assets and paying claims

7. Arranging for the transfer of immovable property

8. Drawing up of the Liquidation and Distribution account and completing the estate duty tax return

9. Arranging for the completion and submission of the deceased’s personal tax

​

We have efficient systems which enable us to report, administer and finalise most estates well within the official designated time period. In some cases there might however be some obstacles of which the following are most common:

1. Poor service by government and private institutions

2. Wills not complying with the Wills Act

3. Cash shortfalls

4. Lack of information

5. Disarray of the deceased's tax and other matters

6. In the event of unnatural death, legal inquests as required for the payment of policies

​

It is our goal to assist heirs during their time of bereavement by taking care of all administration involved in dealing with the deceased's estate and thereby looking after their interests and providing them with peace of mind.