Estate Planning Lawyer in Fourways: Wills, Trusts, and Deceased Estate Administration

Estate planning in South Africa combines a valid will, suitable lifetime arrangements and a workable administration plan. Fourways clients can instruct Burger Huyser Attorneys’ nearby Sandton branch for wills, inter vivos trusts and deceased estates, which are generally reported to the Master of the High Court, Johannesburg.

Why Estate Planning Matters in a Fourways Context

Without a valid will, the Intestate Succession Act 81 of 1987 determines who inherits and in what order. That outcome may not match an intended allocation between a spouse, children from different relationships, dependants or a business successor. A valid will can identify beneficiaries, make bequests, nominate an executor and dispose of the residue.

Tax and liquidity also matter. SARS currently calculates estate duty after allowable deductions and the section 4A abatement of R3.5 million. The rate is 20% on the first R30 million of dutiable value and 25% above R30 million. Capital gains tax is a separate calculation: natural persons and deceased estates generally use a 40% inclusion rate, producing a maximum effective rate of 18% at the highest individual marginal rate—not a 25% inclusion rate.

What an Estate Planning Lawyer Actually Does

Service	What the legal work involves	Key legal framework
Will drafting and review	Recording the intended distribution, nominating an executor, revoking earlier wills and updating the document after major life changes. For an ordinary will, the testator signs at the end before at least two competent witnesses present together; they sign in the testator’s and each other’s presence.	Wills Act 7 of 1953, particularly section 2(1)(a)
Inter vivos trusts	Drafting the trust deed, lodging the required documents and supporting the trustee-authorisation application. Section 6 prevents a trustee from acting without the Master’s written authority; sections 9 to 11 require appropriate care, a separate trust account and clear identification of trust property.	Trust Property Control Act 57 of 1988
Powers of attorney and advance-care documents	Preparing a limited power of attorney for a defined transaction and discussing separate advance-care wishes. South African law does not currently recognise a general enduring power of attorney that survives loss of mental capacity; an ordinary mandate then ends.	Common-law agency principles; enduring authority remains a law-reform proposal
Antenuptial contract coordination	Aligning an antenuptial contract for clients who are about to marry with their wills, ownership structure and beneficiary planning. The matrimonial property regime can materially affect what falls into an estate and whether an accrual claim is an asset or deduction.	Matrimonial property and estate-duty rules
Deceased estate administration	Reporting the death and will, obtaining the Master’s appointment, identifying assets and liabilities, advertising for creditors, preparing the liquidation and distribution account, attending to SARS requirements and distributing the confirmed residue.	Administration of Estates Act 66 of 1965 and Estate Duty Act 45 of 1955

Burger Huyser Attorneys’ service covers both the planning documents and post-death administration, reducing the need for a family to brief an unfamiliar second practice after a death.

The Master’s Office and Estate Duty: Where the National Process Hits Fourways

Jurisdiction follows the deceased’s ordinary residence within a High Court area. A Fourways estate is therefore generally reported to the Master of the High Court, Johannesburg, and the Administration of Estates Act requires reporting within 14 days of death. The nominated executor cannot administer the estate merely because the will names them; the Master’s letters of executorship are the authority to act.

1. Report the estate: lodge the death notice, original will, inventory, identity documents and other prescribed reporting papers.
2. Obtain authority: the Master appoints the nominated executor or, where there is no effective nomination, appoints a fit and proper executor under section 18(1). Section 18(3) is a separate small-estate procedure for estates not exceeding the prescribed R250,000 threshold; it is not the default route simply because there is no will.
3. Call for claims: after appointment, the executor advertises for creditors and allows the stated period of between 30 days and three months.
4. Account and tax: unless the Master allows more time, the liquidation and distribution account must be submitted within six months after letters of executorship are granted. The estate-duty return and tax information are dealt with through SARS.
5. Inspection and distribution: after examination, the account lies open for inspection for at least 21 days. Once objections are resolved and the account is confirmed, creditors are paid and the remaining assets are transferred or distributed to heirs.

Funeral expenses that qualify, enforceable debts and administration costs may be deductible when the net estate is calculated. The executor must nevertheless support each amount and follow the Master’s and SARS’s current requirements rather than assume that every post-death expense reduces estate duty.

What to Look for When Choosing an Estate Planning Lawyer in Fourways

• Direct attorney review: the will and trust deed should reflect the client’s instructions and pass a documented legal review before signature.
• Planning and administration capability: the practice should be able to draft the plan and later guide the executor through the Master’s process.
• Trust implementation experience: a deed is incomplete as a solution unless trustees are authorised and the assets are correctly transferred and administered.
• Tax coordination: the attorney should work with the client’s accountant or tax practitioner before ownership is changed or assets are moved into a trust.
• Clear scope and fees: the written engagement should identify the documents, exclusions, responsible professionals and expected disbursements.

Burger Huyser can draw on Sandton Co-Director Anna-Mi Nel’s deceased-estates practice, Managing Director Marni Huyser’s LLM Tax Law qualification and dedicated deceased estate administrator Lance Pearson, while keeping external tax advice distinct where a specialist tax opinion is required.

Practical Considerations: Cost, Timeline, What to Bring

Question	Practical answer
What will it cost?	Fees depend on scope. A standalone or mirror-will instruction is simpler than a coordinated plan involving a trust, business interests, powers of attorney and an antenuptial contract. Burger Huyser quotes per matter after reviewing the instruction.
How long does will drafting take?	A straightforward instruction may move from consultation to valid signature in roughly two to four weeks. Complex ownership, trust or tax questions can extend that service estimate; there is no statutory drafting deadline.
How long does estate administration take?	Six to 12 months is a useful planning range for an orderly estate, not a guarantee. Master’s Office and SARS turnaround, property transfers, business valuations, missing documents, creditor claims and disputes can extend it.
What should the client bring?	Identity documents; marriage and antenuptial records; the current will and trust deeds; a list of property, vehicles, investments, policies, debts and business interests; and the names, relationships and ages of intended beneficiaries.

For an estate plan, will, inter vivos trust or deceased estate in Fourways, contact Burger Huyser Attorneys’ Sandton branch on 011 253 3080 or 064 555 3358, or visit Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. The stated branch hours are Monday to Friday, 7:30am–4:30pm. The firm has a 4.8/5 average from 250+ Google reviews verified by Trustindex, and Managing Director Marni Huyser received the Best Woman-Owned Specialist Law Firm 2026 – Johannesburg recognition in the Acquisition International Influential Businesswoman Awards.

Frequently Asked Questions

How much does an estate planning lawyer cost in Fourways?

Fees depend on the scope and complexity of the instruction. A standalone or mirror-will matter generally involves less work than a package combining an inter vivos trust, an antenuptial contract and powers of attorney. Burger Huyser Attorneys provides a per-matter quote after the initial consultation rather than a generic figure that may omit necessary work or disbursements.

How long does it take to draft a will?

A straightforward will commonly takes about two to four weeks from the first consultation to valid signature and witnessing. Trust, tax, business-succession or matrimonial-property questions can extend that estimate. The document should not be rushed at the expense of accurate instructions or Wills Act formalities.

How long does deceased estate administration take in South Africa?

An orderly deceased estate may take approximately six to 12 months, but this is not a statutory promise. Master’s Office and SARS processing, property transfers, valuations, creditor claims, missing records and disputes can make the process longer. The executor must also observe the statutory creditor, account and inspection stages.

Where is the nearest Burger Huyser branch to Fourways?

The nearest branch is Burger Huyser Attorneys’ Sandton office at Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. Telephone 011 253 3080 or mobile 064 555 3358. The outline states that the office is open Monday to Friday, 7:30am–4:30pm.

Does Burger Huyser handle deceased estate administration, or only drafting?

Burger Huyser handles both planning and administration. Its wills-and-estates practice covers wills and trust support as well as Master’s Office reporting, creditor procedures, liquidation and distribution accounts, SARS requirements and final distribution, supported by a dedicated deceased estate administrator.

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

The estate is distributed under the Intestate Succession Act 81 of 1987 rather than according to informal wishes. The statutory order considers qualifying spouses, descendants and other relatives according to the family circumstances. Administration still takes place through the Master, and the absence of a will may require the Master to appoint an executor.