Drafting of Will Lawyers Bedfordview

Burger Huyser Attorneys drafts wills from its Bedfordview branch at 45A Florence Avenue, Bedfordview, Johannesburg, 2008 (011 201 7190, after-hours 061 536 3223), through its dedicated Wills & Estates practice and in line with the Wills Act 7 of 1953 formalities. Clients typically start with a one-on-one consultation at the branch, with signings at the office or, by prior arrangement, at the client’s home.

Why Engage a Specialist Will-Drafting Lawyer in Bedfordview

South African wills must satisfy the Wills Act 7 of 1953 formalities to be admitted to probate. Failure on any ground — an incompetent witness, an interested witness (a beneficiary), or a signature not made in the witnesses’ presence — can void the will, even where the testator’s intentions were clear.

Bedfordview estates often involve family businesses, multiple properties, and blended-family structures, so drafting choices on usufruct, business-share bequests, fideicommissary substitution, and tax-efficient trust structuring materially affect what heirs receive. A specialist drafter also advises on documents to sit alongside the will — an enduring power of attorney, an advance healthcare directive, and (for parents of minor children) a testamentary guardian appointment.

Working with a Bedfordview-based attorney streamlines post-death administration: the same firm can act as executor or support a family-appointed executor through the Master’s Office. Burger Huyser’s Wills & Estates practice is built around that continuity, with the Bedfordview office as the practical intake point for Bedfordview, Germiston, Edenvale, and surrounding Ekurhuleni suburbs.

What the Service Covers

Stage	What is done
Pre-drafting intake	Reviewing personal circumstances, asset profile, and any existing testamentary documents.
Will structure advice	Recommending the appropriate vehicle — a simple will, a joint will, a testamentary trust, or a living trust where lifetime planning is the priority.
Will drafting	Preparing a will that names the executor (and alternate), specific bequests, residuary instructions, and any fideicommissary or usufructuary provisions, meeting Wills Act formalities.
Complementary documents	Drafting an enduring power of attorney, a power of attorney for the estate, an advance healthcare directive, and (where relevant) a testamentary guardian appointment.
Execution and safekeeping	Attending the execution ceremony (testator and two competent witnesses), providing certified copies, advising on storage and the Master’s safekeeping options.
Periodic review	Flagging life events that should trigger a review (marriage, divorce, birth of a child, major asset acquisition, change in marital regime) and offering scheduled reviews.

The Local Filing and Administration Layer

A will does not need to be lodged with the Master during the testator’s lifetime. On death, the original will (or a properly certified copy) is lodged with the Master of the High Court where the deceased was ordinarily resident. Bedfordview sits in the City of Ekurhuleni but, for deceased-estate administration under the Administration of Estates Act 66 of 1965, falls within the area served by the Master of the High Court, Johannesburg — the Master’s Office covering the greater Johannesburg region.

Which forum handles the estate

Estate size	Forum	Statutory basis
Under R250,000	Bedfordview Magistrate’s Court (1 Van der Linde Road, Bedfordview) — concurrent jurisdiction	Section 18(4), Administration of Estates Act 66 of 1965
R250,000 and above	Master of the High Court, Johannesburg (Gauteng Division, Johannesburg seat)	Section 18, Administration of Estates Act 66 of 1965

The Master assesses the will, issues letters of executorship under section 18, and supervises the liquidation and distribution account (the L&D account) before it is advertised for creditor and beneficiary inspection. For smaller estates, the Bedfordview Magistrate’s Court is the local forum — avoiding a trip into central Johannesburg.

Burger Huyser’s Bedfordview branch is the local intake point for drafting instructions and initial estate-administration queries. Files route to the firm’s Deceased Estate Administrator (Lance Pearson) where post-death administration is needed, and onward to the Master’s Office at the appropriate stage.

What to Look for When Choosing a Will-Drafting Lawyer

• Wills Act fluency — the attorney should cite the Wills Act 7 of 1953 formalities and explain how they apply to your draft.
• Wills and estates as a dedicated practice — drafting is not litigation; choose a firm with a named wills and estates practice.
• Executor capability — confirm the firm can be appointed executor, or can advise a family-appointed executor through the Master’s Office process.
• Local Master’s Office experience — familiarity with the Johannesburg Master’s Office processes and current L&D account reporting cycle matters.
• Transparent fees — drafting fees should be quoted up front; estate-administration fees are governed by the tariff in the Administration of Estates Act.

Burger Huyser meets that profile: wills and estates is a named practice area, the firm can act as executor or support a family-appointed executor, and the Bedfordview branch’s interaction with the Johannesburg Master’s Office keeps the L&D process on a known cadence. The firm’s 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) reflects its approach to honest cost conversations and continuity of service.

Practical Considerations

Drafting fees

A standard will is typically quoted on a fixed-fee basis. More complex wills — those with testamentary trusts, multiple property bequests, or business-interest provisions — are quoted per-matter after the intake. Estate-administration fees, where the firm is appointed executor, are governed by the tariff in the Administration of Estates Act 66 of 1965 and charged against the estate.

Estate administration timeline

From death to final distribution, an uncomplicated estate typically runs 6 to 12 months. Estates with a business interest, foreign assets, or a contested will take materially longer.

What to bring to the first consultation

• ID document.
• Marriage certificate — or, if applicable, an antenuptial contract (ANC) or divorce decree.
• A list of major assets and liabilities.
• Existing will, if any.
• Details of the proposed executor and (for parents of minor children) the proposed guardian.
• Any existing trust deeds or shareholder agreements that interact with the estate.

Contact Burger Huyser Attorneys’ Bedfordview branch on 011 201 7190 (after-hours 061 536 3223) or visit 45A Florence Avenue, Bedfordview, Johannesburg, 2008. The firm’s Wills & Estates practice handles drafting, complementary powers of attorney and testamentary trusts, and (when the time comes) deceased-estate administration through the Master of the High Court, Johannesburg. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and offers scheduled review consultations through the Bedfordview branch.

Frequently Asked Questions

How much does it cost to have a will drafted by a lawyer in Bedfordview?

A standard will is typically quoted on a fixed-fee basis by Bedfordview attorneys; more complex wills incorporating testamentary trusts, business-interest provisions, or blended-family structures are quoted on a per-matter basis after the intake consultation. Burger Huyser Attorneys’ Bedfordview branch (011 201 7190) provides a fee quote up front after the initial intake so clients can compare on like-for-like terms.

Do I need to lodge my will with the Master of the High Court before I die?

No — there is no requirement to lodge a will during the testator’s lifetime. The original will is lodged with the Master of the High Court, Johannesburg after the testator’s death, together with the death certificate and an inventory of the estate. The Master will, however, accept a will for safekeeping if you prefer — discuss storage options with your drafting attorney.

Where is the Burger Huyser Bedfordview branch and what are its hours?

45A Florence Avenue, Bedfordview, Johannesburg, 2008. Tel 011 201 7190, with an after-hours mobile line (061 536 3223). Open Monday to Friday, 7:30am to 4:30pm.

Can I draft my own will using a template?

Technically yes — South African law does not require a will to be drafted by an attorney, and the Wills Act 7 of 1953 sets only the formal-validity requirements (two competent witnesses, signed by the testator in their presence, no interested witness). In practice, template wills frequently fail on formalities, omit important provisions (alternate executor, residuary clause, fideicommissary substitution), or inadvertently trigger forced-heirship concerns under the Intestate Succession Act 81 of 1987 — a one-hour consultation with a Bedfordview wills attorney usually catches more than a template will does.

How often should I update my will?

After any major life event — marriage, divorce, birth or adoption of a child, acquisition of a significant asset, sale of a business, change in marital regime — and otherwise as a rough rule every three to five years. Burger Huyser offers scheduled review consultations through its Bedfordview branch.

What is the difference between a will and a trust?

A will takes effect on death and is administered through the Master of the High Court under the Administration of Estates Act 66 of 1965. A trust is a separate legal entity that holds assets during the testator’s lifetime (inter vivos trust) or on death (testamentary trust) and is governed by the Trust Property Control Act 57 of 1988. Testamentary trusts are useful for protecting minor or vulnerable beneficiaries’ inheritances; Burger Huyser drafts and administers both testamentary and inter vivos trusts.

What happens if I die without a will in South Africa?

Your estate is distributed under the Intestate Succession Act 81 of 1987, which sets fixed inheritance rules based on surviving spouse, descendants, parents, and siblings — but it does not necessarily reflect what you would have wanted, and the surviving family must still apply to the Master of the High Court for appointment of an administrator. Drafting a will with a Bedfordview attorney removes that uncertainty.