Expert Estate Planning Attorneys | Wills, Trusts & Probate Services

Estate planning in South Africa is the combination of three legal products — a valid will executed under the Wills Act 7 of 1953, an inter vivos or testamentary trust where family or tax circumstances justify one (governed by the Trust Property Control Act 57 of 1988), and supporting powers of attorney or an enduring guardianship directive for incapacity — together with the work of winding up a deceased estate through the Master of the High Court under the Administration of Estates Act 66 of 1965. Burger Huyser Attorneys drafts wills and trusts, advises on executor appointments, lodges liquidation and distribution accounts with the Master, and accepts executor nominations where it makes sense, delivering the service from its head office at 49 First Avenue, Linden, Randburg (011 888 0246) and across seven Gauteng branches. Most engagements begin with a single consultation that maps out the full plan — will, trust decision, and supporting documents drafted together — rather than treating each instrument in isolation.

Why Engage a Specialist Estate Planning Attorney

Estate planning is not the drafting of a single document. A defensible plan usually requires a will, a trust decision, powers of attorney, and an executor nomination, all drafted together so the instruments are consistent and survive contact with the Master’s office on death. The Master of the High Court vets every deceased estate under the Administration of Estates Act 66 of 1965, and errors in a will (missing signatures, non-compliant witnesses, ambiguous bequests) and missing supporting documents delay the issuing of letters of executorship and freeze the estate’s bank accounts, investments, and property transfers until corrected.

Estate tax planning is governed by section 4 of the Estate Duty Act 45 of 1955. Estate duty currently applies at 20% on the first R30 million of dutiable value and 25% above that, after a primary R3,5 million abatement, so the structuring decisions made at the will-drafting stage determine whether a family pays this duty or lawfully avoids it. A specialist also knows when a trust adds value (typically where assets exceed the abatement, where a beneficiary cannot manage their own capital, or where a family business needs continuity) and when a will alone is sufficient — drafting trusts by reflex is a recurring and expensive mistake.

Burger Huyser Attorneys carries this work through its Wills & Estates practice, with Deceased Estate Administrator Lance Pearson running the administration file work, Director Anna-Mi Nel (Head of Family Law, also handling deceased estates) overseeing the legal side, and the firm’s Notary/Conveyancer capability supporting the property transfers that follow either a Master’s confirmation or the registration of an inter vivos trust.

What the Service Covers (Scope of Engagement)

Service	What is included
Will drafting	Single wills, joint wills, and reciprocal wills for spouses; codicils to amend existing wills; review of existing wills for legislative changes or life events (marriage, divorce, birth of a child, acquisition of a business).
Trust formation	Inter vivos (living) trusts and testamentary trusts; trust deeds tailored to family circumstances, beneficiary definitions, and trustee powers; trust cancellation where no longer serving its purpose.
Powers of attorney and enduring guardianship	General and specific powers of attorney for financial management; an enduring power of attorney and guardianship directive under section 54 of the Mental Health Care Act 17 of 2002 for healthcare and personal decisions if the principal later loses capacity.
Executor services	Advising on who to nominate as executor in the will; accepting appointment as executor where appropriate; administering the estate from death through to final distribution.
Deceased estate administration	Reporting the estate to the Master of the High Court, obtaining letters of executorship, advertising for creditors, drawing the liquidation and distribution account, attending to Master queries, and finalising distribution to beneficiaries.
Estate tax planning and structuring	Advising on donations tax (within the current annual exemption under the Donations Tax Act), section 4quat/4q deductions, and the use of trusts to ring-fence growth for estate duty purposes.

Wills Under South African Law

A valid will must comply with the Wills Act 7 of 1953: signed by the testator in the presence of two competent witnesses, who must also sign in the testator’s presence and in each other’s presence, and who must sign on each page where the will has more than one page. The Wills Act also recognises narrower formalities for self-written (holographic) wills — entirely in the testator’s handwriting and signed — and for military wills during active service, but both have narrower validity windows and are not substitutes for a properly drafted and attested will.

A will can be amended by a codicil or revoked in whole by a subsequent will, by marriage (outside of an antenuptial contract that says otherwise), or by divorce from a spouse who was a beneficiary. The cleanest way to capture after-acquired property is to draft for the residue — everything not specifically bequeathed — so that the estate does not fall into intestate succession under the Intestate Succession Act 81 of 1987. Most testators lodge the original will with their attorney’s office rather than at home; the Master of the High Court cannot accept a copy of a will into the deceased estate file, and a lost original is the single most common cause of an estate being administered as intestate.

Trusts: Formation, Types, and When They Actually Add Value

An inter vivos trust is created during the founder’s lifetime by a trust deed and the transfer of assets into the trust; a testamentary trust is created by the will and only takes effect on death. Both are governed by the Trust Property Control Act 57 of 1988, and trustees require letters of authority from the Master before they can act — the trust deed is the first step, but the trustees’ authority to deal with bank accounts, investments, and property only crystallises once the Master issues those letters.

Trust adds value where…	Trust rarely adds value where…
The estate exceeds the R3,5 million estate duty abatement.	The estate is comfortably below the abatement and the heirs are adults able to manage their own inheritance.
A beneficiary lacks the capacity to manage capital (a minor, a person with disabilities).	The founder intends to retain full control — the assets will still be aggregated back into the estate under section 3(3)(de) of the Estate Duty Act.
A family business needs to pass to the next generation without breaking up on death.	The same result can be achieved by a properly drafted will at lower cost and without ongoing trust administration.
Divorce-risk assets need to be ring-fenced from a beneficiary’s spouse.	The trust deed permits revocation — without “once-off, irrevocable, no-string” wording, the duty protection is lost.

Trust administration is recurring work, not a one-off. The Master can remove a trustee for non-lodgement of annual financial statements, so a family that sets up a trust must either administer it themselves or appoint an institutional or professional trustee to do so. Burger Huyser administers ongoing trusts as part of the same Wills & Estates practice.

Deceased Estate Administration: What Happens After Death

Deceased estate administration is the sequence the Master of the High Court runs once a death is reported. The key steps are:

1. Reporting the estate. The death must be reported to the Master within 14 days (death in South Africa) or 21 days (death outside South Africa) under section 9 of the Administration of Estates Act, with the original death certificate, a copy of the will, and a completed death report form (J294).
2. Letters of executorship. The Master’s office issues letters of executorship to the nominated executor once the will is accepted and any required security (a guarantee from an insurance company, where the estate exceeds the set threshold) is in place.
3. Liquidation and distribution account (L&D). The executor drafts an L&D account within six months of letters of executorship (extendable on application) showing every asset at date-of-death value, every liability, and the proposed distribution to heirs. The L&D lies open for inspection for 30 days before the Master confirms it.
4. Creditor advertising. The executor publishes a notice to creditors in a local newspaper and the Government Gazette to allow claims against the estate; claims not lodged within the prescribed period may be lost.
5. Final distribution. Only after the Master confirms the L&D may the executor distribute to heirs, transfer property, and close the estate’s bank accounts. This typically takes 9–18 months from date of death for an uncomplicated estate, longer where the Master raises queries.

The most frequent causes of an estate dragging past the 12-month mark are missing or unsigned wills, unlocated beneficiaries, foreign assets requiring exchange-control approval, Master queries on valuations, and disputes between heirs. Burger Huyser administers estates through to L&D confirmation and final distribution under the same Wills & Estates team.

What to Look for When Choosing an Estate Planning Attorney

Five practical markers separate a competent estate-planning practice from a generalist firm that drafts wills on the side:

• Wills Act and Administration of Estates Act fluency. The attorney’s drafting should reflect current Master practice, not just generic clauses. Ask whether the firm handles its own deceased estates through to L&D confirmation rather than referring them out.
• In-house trust capability. Wills and trusts are inter-related; the same firm should be able to draft the deed and advise on whether a trust is actually warranted in your circumstances, rather than recommending one because the fee is higher.
• Notary and conveyancing capacity. If the plan includes property transfers into a trust or on death, the firm needs a qualified notary and conveyancer on staff. Burger Huyser’s Bedfordview branch houses a Notary/Conveyancer for exactly this kind of cross-disciplinary work.
• Executor willingness. Some firms will draft the will but decline executor nominations. Burger Huyser accepts nominations where it makes sense, so the family is not left searching for an executor at the worst possible moment.
• Transparent fee conversation. Fees for will drafting differ from executor fees (which are tariff-regulated under the Administration of Estates Act regulations). Ask for the split, not a single composite figure.

Practical Considerations: Cost, Timeline, What to Bring

Item	What to expect
Cost of a basic will	Straightforward single will drafting is the lowest-fee item; reciprocal wills for spouses are typically drafted together at a marginal second-will saving. Trust deeds are priced per complexity.
Cost of deceased estate administration	Executor fees are regulated under the Government Notice tariff tied to the gross value of the estate; attorney-and-executor fees together typically follow the same tariff framework. Burger Huyser provides a written quote after the first consultation once the estate’s size and complexity are known.
Cost of trust formation	Fees depend on whether the trust is inter vivos (with asset transfer and tax advice) or testamentary (drafted alongside the will). An ongoing administration fee may apply where the firm is appointed as trustee.
Timeline for will drafting	From first consultation to signed and filed original is typically one to three weeks, depending on complexity and how quickly the testator reviews drafts.
Timeline for deceased estate administration	Letters of executorship usually issue within 4–8 weeks of reporting; L&D drafting and confirmation adds another 6–10 weeks; final distribution runs another 4–8 weeks. Budget 9–18 months for a clean estate.

What to bring to the first consultation:

• ID document.
• Marriage certificate (or antenuptial contract if married out of community of property).
• Birth certificates of minor children.
• Details of all major assets — immovable property, vehicles, investments, business interests, and life policies.
• Details of major liabilities.
• A copy of any existing will.
• The names of intended heirs, executors, and trustees.

If you need an estate-planning attorney to draft your will, set up a trust, or administer a deceased estate, contact Burger Huyser Attorneys’ Wills & Estates team on 011 888 0246 (after-hours 061 516 6878) or visit the head office at 49 First Avenue, Linden, Randburg, 2194. The firm drafts wills and trusts, advises on executor nominations, and administers deceased estates through the Master’s office end-to-end. Initial consultations cover the full plan — will, trust decision, and supporting documents — rather than each instrument in isolation. Burger Huyser is multi-specialist across eight Gauteng branches, carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”), and is the named Best Family Law Firm 2024 (Lawyers Monthly Legal Awards) and Family Law Firm of the Year 2024 (MEA Business Awards), among other recognitions.

Frequently Asked Questions

How much does it cost to draft a will with an estate planning attorney in Gauteng?

Fees depend on whether the will is a single instrument or part of a reciprocal package, whether the plan includes a trust, and whether the firm is also being asked to act as executor. Burger Huyser Attorneys quotes per file after the first consultation at the head office in Linden, Randburg (011 888 0246); the firm will give a written fee split between drafting, trust formation, and ongoing executor or trustee work.

How long does deceased estate administration take in South Africa?

Uncomplicated estates typically take 9–18 months from date of death to final distribution, broken down as: 4–8 weeks to issue letters of executorship; 6–10 weeks to draft and confirm the liquidation and distribution account; and a further 4–8 weeks to finalise distribution once the Master confirms. Estates with missing wills, foreign assets, or Master queries run longer.

Do I need a trust as well as a will?

Not always. A trust adds real value where the estate exceeds the R3,5 million estate duty abatement, where a beneficiary cannot manage capital, where a family business needs continuity, or where assets need protection from divorce claims. For estates below the abatement with adult heirs who can manage their own inheritance, a properly drafted will alone is usually sufficient. The decision belongs in the first consultation, not by reflex.

Can Burger Huyser act as the executor of my estate?

Yes — Burger Huyser Attorneys accepts executor nominations where it makes sense, and is currently administered by Deceased Estate Administrator Lance Pearson with oversight from Director Anna-Mi Nel. Nominated in the will, the firm takes instructions from the family after death, reports the estate to the Master of the High Court, drafts the liquidation and distribution account, and finalises distribution to heirs.

Where is Burger Huyser Attorneys’ head office, and what are the hours?

49 First Avenue, Linden, Randburg, 2194. Telephone 011 888 0246, with an after-hours mobile line on 061 516 6878. Open Monday to Friday, 7:30am to 4:30pm. The firm also operates branches in Roodepoort, Sandton, Pretoria (Menlyn), Bedfordview, Centurion, Alberton, and Midrand, so clients across Gauteng can meet at the office closest to them.

What happens if someone dies without a valid will in South Africa?

The estate is administered under the Intestate Succession Act 81 of 1987, which distributes assets to the spouse and descendants according to a fixed formula — a small estate below R250,000 can be reported informally under section 18(3) of the Administration of Estates Act. The Master appoints an executor, and the heirs lose the ability to choose who manages the estate and how the assets are divided. Drafting a will is the cleanest way to control both.