How Much Does an Estate Planning Lawyer Cost in South Africa? | Guide to Pricing

Estate planning lawyer fees in South Africa typically range from R1,500–R6,000 for a basic Will, R6,000–R25,000 for a complex Will and R20,000–R75,000 for an inter-vivos trust, depending on the work required. If a Will does not fix the executor’s remuneration, the prescribed tariff is 3.5% of gross estate assets plus 6% of income accrued and collected after death, subject to the Master’s statutory power to adjust it in special circumstances.

What “Estate Planning Lawyer Fees” Actually Covers in South Africa

An estate-planning quote may cover four different workstreams: drafting a Will and lifetime documents; creating a testamentary or inter-vivos trust; advising on estate duty and capital gains tax (CGT); and administering the deceased estate after death. Each may use a different fee model, so two quotes are not comparable until their scope, revision limits, tax input and disbursements are matched.

Review the plan after marriage, divorce, the birth or adoption of a child, a material asset purchase, a business change or a move across borders. Burger Huyser Attorneys’ Wills & Estates work includes Wills, trusts, powers of attorney, deceased estate administration and estate-tax planning.

The Four Fee Models Used by South African Estate Planning Attorneys

Fee model	How it works	Common use
Fixed fee	One agreed amount for defined work, usually with stated consultation and revision limits.	A routine Will or standard power of attorney.
Hourly rate	Time is billed at an agreed rate; indicative advisory rates are R1,500–R3,500 an hour.	Tax modelling, cross-border advice or an uncertain scope.
Percentage	Remuneration is calculated against estate value or post-death income.	Deceased estate administration. Separate attorney assistance may be quoted at 0.5%–1.5% of estate value or on another agreed basis.
Blended or retainer	A fixed document fee is combined with hourly advice, or a recurring amount covers ongoing administration.	Larger estates, trusts and periodic plan reviews.

Ask whether a quoted percentage replaces hourly administration charges or sits alongside them. Where an attorney acts for an executor under a power of attorney, the appointed executor remains legally responsible for the estate.

Typical Fee Ranges for Wills, Trusts, and Probate (2026)

The ranges below are indicative budgeting bands, not regulated tariffs or guaranteed quotes. Complexity, seniority, urgency, location and the number of consultations can change the final amount.

Service	Typical fee range (ZAR)	Usual model
Basic single Will	R1,500–R6,000	Fixed
Complex Will, including multiple properties, cross-border assets or blended-family provisions	R6,000–R25,000	Fixed or blended
Power of attorney added to a Will mandate	R1,500–R4,000	Fixed
Testamentary trust clause in a Will	R3,000–R8,000 extra	Fixed
Inter-vivos trust setup	R20,000–R75,000	Fixed or blended
Annual trust administration	R5,000–R30,000	Retainer or hourly
Attorney-assisted deceased estate administration	R5,000–R75,000+ or an agreed percentage	Hourly, fixed or percentage
Hourly estate-planning advice	R1,500–R3,500 per hour	Hourly

Within the trust range, a straightforward family trust may cost R20,000–R40,000, a business or asset-protection structure R35,000–R75,000 and a special trust for a person with a disability R25,000–R50,000. An independent professional trustee may separately charge about R8,000–R25,000 a year. Burger Huyser Attorneys issues a per-file quote after confirming scope rather than treating these market bands as a price list.

What You’re Actually Paying the Lawyer to Do

• Will drafting: take instructions, identify family and asset risks, draft provisions such as usufructs, conditional bequests or testamentary trusts, coordinate foreign advice where necessary and check compliance with the Wills Act 7 of 1953.
• Trust setup: draft the trust instrument, lodge it with the Master, prepare initial resolutions and address trustee authorisation and governance under the Trust Property Control Act 57 of 1988.
• Tax structuring: work with an appropriately registered tax practitioner where needed, model estate duty and CGT, and assess tools such as buy-and-sell arrangements, loan-account planning and estate-pegging.
• Estate administration: report the estate, obtain letters of executorship, advertise for creditors, prepare the liquidation and distribution account, attend to SARS matters, deal with objections, transfer property and distribute the estate.

A power of attorney is useful only while the principal has legal capacity and ends on death; it is not a substitute for a Will, trust or court-appointed curator. This is one reason the initial planning consultation matters.

Statutory Caps and Tax Bands That Frame the Numbers

• Executor remuneration: section 51 of the Administration of Estates Act 66 of 1965 allows a Will to fix remuneration. If it does not, regulation 8 prescribes 3.5% of gross assets and 6% of income accrued and collected after death. The Master may reduce or increase remuneration for special reasons. On R5 million of gross assets, 3.5% is R175,000 before VAT and any income component.
• Estate duty: SARS levies 20% on the first R30 million of dutiable value and 25% above R30 million. The section 4A abatement is R3.5 million. A later-dying spouse can have an abatement of up to R7 million, reduced by the amount used in the predeceased spouse’s estate; R7 million is therefore a maximum, not an automatic deduction in every case.
• CGT on death: death generally triggers a deemed disposal at market value, subject to statutory exclusions and roll-overs. The year-of-death annual exclusion is R300,000; it replaces the ordinary R40,000 annual exclusion rather than being added to it.
• VAT: the standard rate is 15%. Confirm whether every quoted professional fee is VAT-inclusive or VAT-exclusive.
• Administration periods: the estate must be reported within 14 days of death. The executor must ordinarily lodge the liquidation and distribution account within six months after letters of executorship are granted, unless the Master allows more time.

Other Disbursements and Costs That Sit Outside the Lawyer’s Fee

Additional cost	Indicative amount or basis
Master’s fee	R600 for an estate of R250,000 to below R400,000; then R200 for each complete further R100,000 above R400,000, capped at R7,000.
Inherited-property transfer	About R15,000–R22,000 at R1 million; R22,000–R35,000 at R2.5 million; R35,000–R55,000 at R5 million.
Deeds Office levy	Approximately R1,200–R1,800 at R1 million, rising to about R4,000–R5,500 at R5 million.
Bond cancellation	About R5,000–R12,000 where a mortgage bond must be cancelled.
Valuation	About R3,000–R15,000 per property, business interest or specialist asset.
Statutory advertising	About R1,500–R4,000 for Gazette and newspaper notices.

Except for the prescribed Master’s tariff, these are indicative third-party ranges. Obtain current written quotations because property value, lender requirements, publication choice and valuation complexity affect the charge.

When Higher Fees Are Justified

• Cross-border assets: foreign succession, tax and document requirements require coordination with advisers in each jurisdiction.
• Multiple trusts or entities: business, share and property-holding structures require document and tax analysis across the group.
• Advanced tax planning: loan reductions, buy-and-sell agreements and estate-pegging require tailored modelling, not template drafting.
• Expected disputes: a likely maintenance claim, disinheritance challenge or family conflict may justify detailed reasons, supporting records and protective drafting.
• Urgency: expedited work before travel, surgery or a health event may attract a separately disclosed premium, sometimes quoted at 25%–50%.

Ten Questions to Ask Before Signing a Fee Agreement

1. Is the fee fixed, hourly, percentage-based or blended, and does it include VAT?
2. Which documents and services are included?
3. How many consultations and revision rounds are covered?
4. Are Master’s fees, Deeds Office charges, tax work and other disbursements separate?
5. How will a later change in scope be charged?
6. Does the fee include secure storage of the signed original Will?
7. Will the attorney or firm act as executor, and what remuneration will the Will specify?
8. Is coordination with a tax adviser or financial planner charged separately?
9. What is the expected turnaround time and any urgency premium?
10. Will you receive the written cost-estimate notice before agreeing to the work?

Why a Written Fee Agreement Matters

Section 35(7) of the Legal Practice Act 28 of 2014 requires an attorney, when first instructed or as soon as practically possible thereafter, to provide a written cost-estimate notice covering likely fees, charges, disbursements and other costs. The attorney must explain it verbally, and the client must agree in writing to the envisaged services and estimated costs.

The document should record VAT treatment, scope, revision limits, disbursements and what happens when assumptions change. Compare written quotes on the same scope: a low figure may omit tax advice or trust work, while a high figure may bundle services you do not need. Burger Huyser Attorneys’ per-file scoping approach allows these items to be identified before the mandate proceeds.

Estate Planning Lawyer Costs in South Africa: Where National Fee Bands Meet the Gauteng Client

Frequently Asked Questions

How much does an estate planning lawyer cost in South Africa?

A basic single Will typically costs R1,500–R6,000, a complex Will R6,000–R25,000 and an inter-vivos trust setup R20,000–R75,000. Hourly advice commonly falls between R1,500 and R3,500. These are indicative market ranges, not prescribed tariffs. Burger Huyser Attorneys provides a written per-file quote after confirming scope and has a 4.8/5 average across 250+ Google reviews, verified by Trustindex.

Is the executor fee fixed at 3.5% or can it be negotiated?

It is not invariably fixed at 3.5%. A Will may fix the executor’s remuneration; otherwise, the prescribed tariff is 3.5% of gross assets plus 6% of income accrued and collected after death. The Master may adjust remuneration for special reasons. On R5 million of gross assets, 3.5% is R175,000 before VAT and any income component.

Can I write my own Will without a lawyer?

Yes. The Wills Act does not require a lawyer to draft a Will. A person aged 16 or older who can appreciate the act may make one, but the Will must satisfy the statutory execution formalities: it must be in writing and signed as required in the simultaneous presence of two competent witnesses, who must also sign. Professional advice is particularly valuable for trusts, businesses, foreign assets or likely disputes.

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

There is no universal 12-month completion deadline. The estate must be reported within 14 days, and the executor must ordinarily lodge the liquidation and distribution account within six months after receiving letters of executorship. Master’s Office queries, SARS compliance, property transfers, creditor claims and disputes may extend finalisation. Burger Huyser Attorneys supports deceased estate administration through its Wills & Estates, litigation and notarial/conveyancing capabilities.

What documents belong in a complete estate plan beyond a Will?

A complete plan may include a living Will or advance healthcare directive, a general or special power of attorney, a digital-asset inventory and instructions, plus appropriate trust, business-continuity and beneficiary documents. Each serves a different purpose. Importantly, a South African power of attorney ends if the principal loses legal capacity or dies; it is not an enduring substitute for proper incapacity and succession planning.

Where does Burger Huyser Attorneys handle estate planning work, and what does the firm charge?

Burger Huyser Attorneys handles Wills, trusts, powers of attorney and deceased estate administration across its Gauteng offices. The Linden head office is at 49 First Avenue, Linden, Randburg, 2194 and can be contacted on 011 888 0246. The firm quotes per file after confirming the required documents, advice, administration and disbursements.

For a written quote on a Will, trust or deceased estate, contact Burger Huyser Attorneys’ head office on 011 888 0246 or visit 49 First Avenue, Linden, Randburg, 2194. Bring your existing Will or trust deed, an asset-and-liability list, beneficiary details and information about any business or foreign assets. Consultations are also available through Sandton (011 253 3080), Centurion (012 644 4990), Pretoria (012 471 5700), Roodepoort (011 668 0030), Bedfordview (011 201 7190), Alberton (011 439 3990) and Midrand (010 022 4082).