Drafting of Will Lawyers Sandton
Drafting of Will Lawyers in Sandton
South African wills are governed by the Wills Act 7 of 1953: a testator must be at least 16 and mentally capable of understanding the act, while the Will must be written and executed with two competent witnesses. Burger Huyser Attorneys takes will-drafting instructions at its Sandton branch in Bryanston for straightforward estates and more detailed blended-family, business-interest, cross-border and trust-linked plans.
Why Use a Specialist Will-Drafting Lawyer in Sandton
An online template may satisfy the signing formalities yet still distribute an estate badly. Common substantive gaps include an unsuitable executor, no residuary clause, no substitute beneficiary if someone dies first, and provisions that conflict with a trust, shareholder agreement or marital regime.
Professional drafting becomes especially important where an estate includes business interests, overseas assets or a blended family. Advice should consider capital gains tax, estate duty and the current R3.5 million estate-duty abatement, as well as what falls into the deceased estate. Burger Huyser Attorneys’ Wills & Estates practice combines this planning work with will drafting and deceased-estate administration.
What the Will-Drafting Service Covers (Scope of Engagement)
- Initial consultation: the attorney records the testator’s marital regime, dependants, previous relationships, children, assets, liabilities, business interests, existing Will and trust arrangements.
- Drafting: the document can address specific bequests, the residue, substitute beneficiaries, executor and alternate appointments, trustees for a testamentary trust, and guardian nominations where legally appropriate.
- Review and execution: the testator checks the draft before a properly supervised signing with two independent, non-benefiting witnesses. A home signing may be arranged where a frail testator cannot attend the office.
- Safekeeping: Burger Huyser Attorneys offers secure storage of the signed original, which helps the executor locate the operative document after death.
- Updates and related planning: the attorney can prepare a codicil or replacement Will and check consistency with marital, trust, business and other estate-planning documents.
The Wills Act Formalities: What Makes a Will Valid
| Requirement | Practical rule |
|---|---|
| Capacity | Section 4 permits a person aged 16 or older to make a Will unless they are mentally incapable of appreciating the nature and effect of the act at that time. |
| Writing and signature | The Will may be handwritten, typed or printed. The testator signs at the end; on a multi-page Will, the testator also signs every preceding page. |
| Two witnesses | Two competent witnesses must be present together when the testator signs or acknowledges the signature. They then sign in the presence of the testator and each other. A competent witness is at least 14 and able to give evidence in court. |
| Independent witnesses | A witness, the witness’s spouse, or a person who writes or signs for the testator may be disqualified from receiving a benefit, subject to section 4A’s limited exceptions. Their involvement does not automatically invalidate the entire Will. |
| Codicils and amendments | A codicil supplements or changes a Will and must meet the same execution formalities. A fresh Will with an express revocation clause is often clearer when changes are extensive. |
Marriage does not automatically revoke an existing South African Will, so it should be reviewed rather than assumed cancelled. Under section 2B, if a testator dies within three months after divorce or annulment, the former spouse is generally treated as having died before the testator unless the Will shows an intention to benefit that spouse despite the dissolution. After that period, an unchanged Will is applied according to its wording.
Drafting of Will Lawyers in Sandton: Where the Process Actually Takes Place
A Sandton testator does not file a Will at a court or the Master’s Office while drafting it. The consultation and signing ordinarily take place privately at the attorney’s office, and neither Sandton Magistrate’s Court nor another local court registers the document. After death, the executor reports and administers the estate under the Master’s supervision. For a qualifying Johannesburg matter, the relevant office is the Master of the South Gauteng High Court at 66 Marshall Street, corner Marshall and Pixley Seme Streets, Marshalltown, Johannesburg. The current official contact list gives switchboard numbers 011 429 8000 and 011 429 1001.
Choosing an Executor: A Decision Many Testators Underestimate
The executor takes control of estate administration, identifies assets and liabilities, deals with debts and tax, prepares the liquidation and distribution account, and transfers or distributes assets after the required process. A nomination in the Will is important, but the Master formally appoints the executor or representative.
A competent family member may be nominated, although blended estates, businesses and family disagreements can make independence valuable. A professional executor can manage the work for an agreed or prescribed administration fee plus VAT. The Will should also nominate an alternate in case the first choice cannot act.
Common Will-Drafting Scenarios in Practice
| Scenario | Key drafting considerations |
|---|---|
| Blended family | Accrual and maintenance claims, a surviving spouse’s position, children from earlier relationships, and substitute beneficiaries. |
| Business interest | Alignment with shareholder or partnership agreements, death-triggered buy-and-sell arrangements, valuation and liquidity. |
| Assets outside South Africa | Advice in each relevant jurisdiction, conflict-of-law issues and whether coordinated local or mirror wills are appropriate. |
| Minor or special-needs child | A testamentary trust, suitable trustees, guardian nominations, access to funds and protection after the testator’s death. |
| Existing inter vivos trust | Clear identification of trust-owned versus personal assets and consistency between the trust deed and the Will. |
What to Bring to the First Consultation at the Sandton Branch
- Your identity document and the details of the proposed executor, alternate executor, guardians and trustees;
- any existing Will, codicil, trust deed, marriage certificate and antenuptial contract;
- a practical list of major assets, investments, business interests, policies and liabilities; and
- the full names and identity numbers of dependants and intended beneficiaries.
Complete information helps the attorney identify ownership, liquidity and family-maintenance issues before drafting begins.
Practical Considerations: Cost, Timeline, What Changes the Quote
Fees are quoted per file after the first consultation. A single-testator Will with a straightforward estate usually requires less drafting than a plan involving a blended family, business, foreign assets or testamentary trust.
A simple Will may be ready for approval and execution within one or two consultations, often over two to four weeks. The Wills Act imposes no waiting period once the final text is approved. Further advice, missing information, tax input, complex guardian provisions or coordination with a trust can extend the work and change the quote.
To put a properly drafted Will in place or review one after a life event, contact Burger Huyser Attorneys’ Sandton branch on 011 253 3080 or 064 555 3358. Consultations take place at Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. The firm has a 4.8/5 average from 250+ Google reviews, verified through Trustindex.
Frequently Asked Questions
How much does it cost to have a will drafted by a lawyer in Sandton?
The fee is quoted per file after an initial consultation. A straightforward single-testator Will generally requires less work than a blended-family, business-interest or testamentary-trust Will. Burger Huyser Attorneys’ Sandton branch provides a transparent quote once the facts and required clauses are known.
Can I just download a will template instead?
Yes, a template can produce a valid Will if the Wills Act’s capacity and execution requirements are met, but formal validity does not make the plan suitable. Templates often omit residue, substitution, executor, trust, business and blended-family provisions that determine how the estate works in practice.
How often should I update my Will?
Review your Will after marriage, divorce, a birth or adoption, a beneficiary’s or executor’s death, a major asset purchase, a business change or a material tax-law change. A routine review every two to three years can also identify outdated details before they cause difficulty.
What is the difference between a Will and a trust?
A Will directs what happens to the testator’s estate after death, while an inter vivos trust exists during life and owns assets transferred to it. The two may work together, but a Will cannot distribute an asset already owned by a trust. Advice should align both documents.
Who can be a witness to my Will?
A competent witness is a person aged 14 or older who is able to give evidence in court. Use two independent people who receive no benefit and are not married to beneficiaries. Both must be present together for the testator’s signature or acknowledgement and must sign correctly.
Where is the Burger Huyser Sandton branch, and what are the hours?
The branch is at Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. Telephone 011 253 3080; mobile 064 555 3358. The outline records its hours as Monday to Friday, 08:00 to 16:30.
Does Burger Huyser store the original Will once it is signed?
Yes. Burger Huyser Attorneys offers safekeeping of the signed original as part of the drafting service. Secure storage matters because the original, rather than an ordinary copy, is normally required when the estate is reported, and the executor and family should know where it is held.
General Information Disclaimer: This article provides general information about will drafting and is not legal advice for a particular estate. Legislation, tax thresholds, Master’s Office procedures and fees may change. Confirm current requirements with a qualified South African attorney, the Master of the High Court with jurisdiction over the estate, and SARS where tax is involved.
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