Estate planning lawyer in South Africa

Estate planning in South Africa is governed by three core statutes — the Wills Act 7 of 1953 (how wills must be executed), the Administration of Estates Act 66 of 1965 (how deceased estates are reported to and administered by the Master of the High Court), and the Intestate Succession Act 81 of 1987 (how estates are distributed where there is no valid will) — and an estate planning lawyer’s work spans the full arc from drafting a valid will and setting up supporting structures (trusts, powers of attorney, letters of wishes) through to winding up a deceased estate, which must be reported to the Master of the High Court in the district where the deceased lived during the 12 months before death within 14 days of the date of death. Estate duty is levied on the dutiable value of an estate above R3.5 million, and executor’s fees are capped statutorily at 3.5% of gross estate value and 6% of income collected after date of death, with both negotiable in practice.

What an Estate Planning Lawyer Does in South Africa

An estate planning lawyer’s role is to convert a testator’s intentions into a legally valid will and the supporting structures that interact with it, and then to administer the estate when the testator dies. The work covers a defined sequence, not a single document:

• Drafts a valid will that complies with the Wills Act 7 of 1953 — in writing, signed by the testator at the end, and signed in the presence of two or more competent witnesses.
• Sets up supporting structures that interact with the will: testamentary or inter vivos trusts, powers of attorney, letters of wishes, and (where relevant) living wills.
• Reviews and updates existing wills after material life events — marriage, divorce, birth of a child, death of a beneficiary or executor, sale or purchase of significant assets, or starting a business.
• Administers deceased estates: reports the estate to the Master of the High Court, obtains Letters of Executorship or Letters of Authority, drafts the Liquidation and Distribution Account, advertises for creditor claims, obtains SARS clearance, and distributes assets to heirs.
• Advises on estate duty planning (currently payable on the dutiable value above R3.5 million) and on whether a trust or other structure can lawfully reduce exposure.

Burger Huyser Attorneys fields this work through its dedicated Wills & Estates practice, with a Deceased Estate Administrator supporting the matter-handling attorneys across every branch.

The Statutory Framework That Governs the Work

Estate planning in South Africa is anchored in four statutes. Knowing which statute covers which part of the process helps the will-maker and the family understand what the lawyer is actually doing.

Statute	What it covers
Wills Act 7 of 1953	Formalities for executing a valid will; requirements for witnesses; treatment of amendments and codicils.
Administration of Estates Act 66 of 1965	Reporting the estate to the Master of the High Court; appointment of executors; winding-up process; executor’s fees (3.5% of gross estate / 6% of income collected, negotiable).
Intestate Succession Act 81 of 1987	Distribution of an estate where there is no valid will.
Estate Duty Act 45 of 1955	Estate duty on the dutiable value above the current R3.5 million abatement.

When You Need an Estate Planning Lawyer (and When You Don’t)

A lawyer is the safer option where any of the following apply to the estate:

• immovable property (a primary residence, investment property, or both);
• business interests, a member’s interest in a close corporation, or shares in a private company;
• minor children who may inherit;
• a blended family or an unmarried partner you want to inherit;
• foreign assets that sit in another jurisdiction;
• retirement funds with nominated beneficiaries that don’t align with your will; or
• an estate value likely above the R3.5 million estate duty abatement.

A lawyer is generally not required for a very small, simple estate under R250,000 with no property and no dispute — the Master may issue Letters of Authority under section 18(3) of the Administration of Estates Act and a family member can administer. Self-drafted wills are legal but carry risk: problems with signatures, witnessing or document structure create uncertainty when the estate is reported, and a copy of a will is not treated in the same way as the original.

Drafting a Valid Will — What the Lawyer Checks

Before a will is signed, the drafting attorney confirms a set of formal and substantive points. Missing any of them can invalidate the document or create ambiguity when the estate is reported.

• The will is in writing and signed by the testator at the end in the presence of two or more competent witnesses who also sign.
• Beneficiaries are identified clearly enough that the Master can locate them (full names, ID numbers where possible).
• The nominated executor is named and is willing to act — a nominated executor is not automatically entitled to deal with estate assets without Letters of Executorship or Letters of Authority from the Master.
• Provisions for minor beneficiaries are addressed — whether the inheritance should be held in a testamentary trust, paid to the Guardian’s Fund, or otherwise managed.
• Specific bequests that conflict with the residue of the estate are reconciled; an heir who is also a witness generally forfeits their benefit under the Wills Act.

Estate Planning Beyond the Will

A will alone is rarely enough for a South African estate. The supporting arrangements the lawyer typically puts in place are:

• Trusts — a separate legal arrangement in which trustees hold or administer assets for beneficiaries; can be set up during the testator’s lifetime (inter vivos) or through the will (testamentary); ongoing administrative and SARS reporting obligations apply.
• Power of attorney — appoints someone to act on your behalf while you are alive; relevant where incapacity is foreseeable.
• Letter of wishes — non-binding guidance to the executor or trustees about how discretion should be exercised.
• Business succession — for owners of companies, member’s interests or other commercial interests, a will that records only a general bequest of “my business” rarely resolves the practical succession issues, and shareholders’ agreements often override the will.
• Liquidity planning — estates with significant illiquid assets (property, business interests) can find themselves unable to meet cash liabilities; an attorney flags this before death rather than after.

Deceased Estate Administration — What Happens After Death

After the death, the executor takes the estate through a defined winding-up process set by the Administration of Estates Act. The principal stages are:

1. Report the estate to the Master of the High Court in the area where the deceased lived during the 12 months before death — within 14 days of death.
2. The Master issues Letters of Executorship for estates over R250,000 (full Administration of Estates Act process) or Letters of Authority for estates under R250,000 (simplified process under section 18(3)).
3. A notice is published in the Government Gazette and a local newspaper inviting creditors to submit claims within 30 days.
4. The executor prepares the Liquidation and Distribution Account, lodges it with the Master, and it is advertised for a 21-day inspection period.
5. Once any objections are resolved and SARS clearance is obtained, the Master approves the account and the executor distributes assets to beneficiaries and transfers fixed property to heirs.

What to Bring to Your First Consultation

Coming prepared converts the first meeting from an introductory interview into a planning session. The lawyer will typically need:

• ID document and the IDs of immediate family members.
• Details of all assets (property, vehicles, investments, business interests, retirement funds, policies) and liabilities (bond, vehicle finance, debts, tax).
• A list of intended beneficiaries and any specific bequests.
• Existing will (if any), marriage contract / antenuptial contract, and any existing trust deeds.
• Names of the person you would like to nominate as executor, and a backup.
• ID numbers and contact details of the witnesses you intend to use.

Cost, Timeline and What Affects Both

A professionally drafted will is a fixed-fee engagement; the cost depends on whether the planning involves a single will, mirror wills for spouses, a trust, or business succession structures. Deceased estate administration is typically charged as a percentage of the gross value of the estate, subject to the statutory 3.5% / 6% tariff and any agreed reduction — fee arrangements are discussed upfront, before work begins, not after.

A straightforward estate typically takes 7–18 months to finalise; complex estates (property portfolios, business interests, disputed wills, foreign assets) typically take 18–24 months or longer. The statutory advertising periods alone account for several months of any estate administration timeline.

Choosing an Estate Planning Lawyer in South Africa

Estate planning is a specialist discipline that crosses tax, trusts, and family law. The shortlist criteria that tend to matter most in practice are:

• Specialist rather than generalist — estate work interacts with tax, trusts, and family law; an attorney who drafts wills occasionally is not the same as one who administers estates weekly.
• Master’s Office experience — some attorneys have prior work experience at the Office of the Master of the High Court, which shortens the learning curve on reporting and queries.
• Transparent fee conversation — fees should be quoted up front, not estimated loosely before engagement; executors’ fees are statutorily capped but negotiable, and an attorney who will discuss that openly is preferable to one who applies the maximum tariff by default.
• Continuity through the full arc — drafting the will, registering trusts, and then administering the estate should ideally be handled by the same firm, so the lawyer who drafted the will is not learning the family for the first time after death.
• Branch and court reach — the Master is regional (the Master’s office for the deceased’s last 12-month residence), so a firm with offices across Gauteng can take instructions from most deceased estates without geographic friction.

Burger Huyser Attorneys meets this profile directly: the same firm drafts the will, registers any supporting trust, and administers the estate, with a dedicated Deceased Estate Administrator (Lance Pearson) supporting the practice across every Gauteng branch.

Frequently Asked Questions

How much does it cost to draft a will in South Africa?

A professionally drafted will is a fixed-fee engagement that depends on complexity — a single will for an uncomplicated estate is at the lower end, while mirror wills for a married couple, structures involving a trust, or business succession planning sit higher. Burger Huyser Attorneys quotes the will-drafting fee at the first consultation after the scope of the planning is agreed, so the cost is clear before any drafting begins.

How long does it take to wind up a deceased estate in South Africa?

A straightforward estate typically takes 7 to 18 months from reporting to final distribution; complex estates with property portfolios, business interests, or disputed wills typically take 18 to 24 months or longer. The statutory advertising periods (30 days for creditors, 21 days for the Liquidation and Distribution Account) account for several months of any timeline.

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

The estate is distributed under the Intestate Succession Act 81 of 1987. The surviving spouse, descendants, parents or other relatives inherit according to a statutory formula that may not match what the deceased intended, and where there is no valid will the Master must appoint an executor or representative who may not be the person the family would have chosen.

When does estate duty become payable?

Estate duty is levied under the Estate Duty Act 45 of 1955 on the dutiable value of an estate above the current threshold of R3.5 million — estates below the threshold pay no estate duty. Proper planning (including the use of trusts and the correct will structure) can materially reduce the dutiable value for larger estates.

Do I need a lawyer to draft a will, or can I do it myself?

South African law does not require a lawyer to draft a will, but a self-drafted will carries real risk — problems with the testator’s signature, with witnessing, or with the document’s structure can create uncertainty when the estate is reported. A copy of a will is not treated in the same way as the original valid will, so the original must be stored safely.

Can a trust replace a will?

No. A trust (whether set up during the testator’s lifetime or through the will) holds and manages specific assets for specific beneficiaries, but it does not distribute the residue of the estate, nominate an executor, or address guardianship of minor children. Most South African estate plans use both: a will for the residue, executor appointment, and guardianship, and a trust for assets that need ongoing professional management (for example, inheritances for minors or vulnerable beneficiaries).

If you need an estate planning lawyer to draft a will, set up a trust, or wind up a deceased estate, contact Burger Huyser Attorneys on 011 888 0246 (head office, Linden, Randburg) or visit the branch nearest you — Sandton (011 253 3080), Pretoria Menlyn (012 471 5700), Centurion (012 644 4990), Roodepoort (011 668 0030), Bedfordview (011 201 7190), Alberton (011 439 3990) or Midrand (010 022 4082). The firm’s Wills & Estates practice covers the full arc from drafting and updating wills, registering trusts, and preparing powers of attorney through to deceased estate administration, with a dedicated Deceased Estate Administrator supporting the practice across all branches. Bring your ID, a list of assets and liabilities, and any existing will or marriage contract to your first consultation so the fee conversation and the scope of the planning can be settled up front. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and was named Best Family Law Firm 2024 — South Africa by Lawyers Monthly Legal Awards, a recognition that reflects the strength of its wider fiduciary work.