Specialist Estate Lawyers in Johannesburg | Estate Planning Experts

A specialist estate lawyer in Johannesburg can handle wills, trusts, powers of attorney and incapacity planning before death, as well as the deceased-estate administration that follows. Burger Huyser Attorneys reports estates to the Master of the High Court, Johannesburg, prepares the Liquidation and Distribution Account and assists with SARS and property-transfer issues. Consultations start through Randburg on 011 888 0246, or the Sandton, Bedfordview or Roodepoort branches.

Why Engage a Specialist Estate Lawyer in Johannesburg

Estate work combines the Administration of Estates Act 66 of 1965, the Wills Act 7 of 1953, the Intestate Succession Act 81 of 1987, the Estate Duty Act 45 of 1955 and SARS requirements. A specialist considers the client’s marital regime, family, business interests, trusts and liabilities before a will is signed.

Planning may involve wills, trusts, succession structures and incapacity instruments. Administration may involve Master’s reporting, creditor notices, the Liquidation and Distribution Account, tax clearance and property transfer. Burger Huyser Attorneys’ Wills & Estates practice covers both sides.

Johannesburg clients should ask whether a firm regularly files at the Master of the High Court, Johannesburg. Routine winding-up is administrative work through the Master’s Office, not a matter that starts in a Magistrate’s Court.

What the Service Covers (Scope of Engagement)

Service	Purpose
Will drafting and review	Beneficiaries, bequests, residue, executor and guardianship wishes.
Estate structuring	Trusts, business succession, asset protection and tax-sensitive bequests.
Marital alignment	Co-ordinating the will with the antenuptial contract and marital regime.
Incapacity planning	Powers of attorney, enduring guardianship and advance directives.
Estate administration	Master’s reporting, creditor notices, the account, SARS and distribution.

Burger Huyser’s Family Law Department handles antenuptial contracts, its Trust practice handles trust administration, and its Notary and Conveyancing function can address estate property transfers.

Wills: Drafting, Validity, and When to Update

The Wills Act 7 of 1953 generally requires the testator to sign at the end in the presence of two competent witnesses, who sign in the required presence. An incomplete or incorrectly witnessed document may not produce the intended result; a court application may be needed where formalities were not met.

A will should identify beneficiaries, bequests and the residue; nominate an executor; record guardianship wishes; consider a testamentary trust for minor children; and work with the client’s marital regime, liabilities, property and business interests.

Review it after marriage, divorce, a child’s birth, a major asset change, emigration, a new business or a change of executor or guardian. Section 2B addresses divorce or annulment’s effect on certain earlier wills. Check the original and formal execution rather than relying on a template or electronic copy.

Deceased Estate Administration: How It Works

When a Johannesburg resident dies, report the estate to the Master of the High Court, Johannesburg. The ordinary sequence is:

1. Report within 14 days with the death, identity, will, marital, next-of-kin, asset and liability information.
2. Obtain authority. The Master issues Letters of Executorship above R250,000 and may issue Letters of Authority under section 18(3) below that value.
3. Notify creditors through the prescribed Government Gazette and local-newspaper notice, allowing 30 days for claims.
4. Lodge the Liquidation and Distribution Account within six months after Letters of Executorship, then advertise it for 21 days.
5. Complete administration by resolving objections, attending to SARS, settling debts, transferring property and distributing after approval.

The simplified route still requires authority. Beneficiaries should not deal with estate assets before the appointed executor or administrator is authorised.

Estate Duty and Tax Planning

The Estate Duty Act 45 of 1955 provides a R3.5 million primary abatement under section 4A. Section 4(q) provides a deduction for property accruing to a surviving spouse. The final position depends on the assets, deductions and law in force at death.

Issue	Why it matters
Spousal bequest	Wording affects the section 4(q) deduction.
Liquidity	Property may not provide cash for debts, tax and expenses.
Business interests	Shares and transfer restrictions should align with the will.
Capital gains tax	Death can trigger a separate deemed-disposal liability.

Estate duty and capital gains tax are distinct, and a trust is not automatically a tax-saving solution. Confirm current rates and SARS requirements at both stages. Marni Huyser holds an LLM in Tax Law, and the firm’s Wills & Estates practice addresses estate-tax minimisation.

Trusts, Powers of Attorney, and Enduring Guardianship

An inter vivos trust is created during life; a testamentary trust is created by the will and takes effect after death, often for a minor or vulnerable beneficiary. Both carry trustee, accounting and tax duties.

A power of attorney authorises specified action while the principal is alive and does not operate as a will after death. Living-will and advance-directive discussions record treatment wishes, while enduring guardianship addresses support during incapacity. Burger Huyser drafts these instruments alongside wills.

What to Look for When Choosing a Specialist Estate Lawyer in Johannesburg

• Relevant focus: both will drafting and full deceased-estate administration.
• Master’s experience: clear responsibility for the Johannesburg report and account.
• Joined-up advice: marital, family, trust, property, tax and business issues considered together.
• Direct access: a named file lead and progress updates.
• Transparent fee: the 3.5% and 6% tariff figures are maximums and may be negotiated.
• Cross-border awareness: offshore assets and foreign heirs may need additional advice.

Burger Huyser’s service is supported by Director Anna-Mi Nel’s deceased-estates experience and dedicated Deceased Estate Administrator Lance Pearson; the firm is a member of the Johannesburg Attorneys Association.

Practical Considerations: Cost, Timeline, and What to Bring

A straightforward will generally costs in the low thousands of rand; complex wills are quoted after consultation. Administration costs depend on value, assets, liabilities, property, tax issues and disputes. The executor’s tariff is commonly 3.5% of gross estate value plus 6% of income collected after death and may be negotiated.

A clean estate may take 7–18 months. Property, business interests, disputes, tax queries and incomplete documents can extend it to 18–24 months or longer. The 30-day creditor and 21-day inspection periods are milestones, not a fixed completion date.

Documents for the first consultation

Planning	Deceased estate
ID; marriage certificate and ANC, if applicable	Death certificate and deceased’s ID
Existing will; beneficiary and guardian details	Original will; marital documents and heirs’ IDs
Assets, liabilities, property and business documents	Assets, liabilities and Master or SARS correspondence

For estate planning, will drafting or the winding-up of a deceased estate in Johannesburg, contact Burger Huyser Attorneys’ Wills & Estates practice on 011 888 0246 (after-hours 061 516 6878) or visit the head office at 49 First Avenue, Linden, Randburg, 2195. Intake is also handled at the Sandton, Bedfordview and Roodepoort branches. Bring the relevant identity, marriage, will, asset and liability documents to the first meeting so the firm can explain the available route and provide a transparent fee discussion. Burger Huyser Attorneys has a 4.8/5 average across 250+ Google reviews, described in the firm reference as Trustindex verified, and was recognised as Best Multi-Sector Law Firm 2023 — Johannesburg by Acquisition International.

Frequently Asked Questions

How much does a specialist estate lawyer in Johannesburg charge to draft a will?

A straightforward will typically starts in the low thousands of rand. Testamentary trusts, business succession and complex family arrangements are quoted per matter after consultation, with the scope and fee discussed at the first meeting.

What does an executor do, and how is the fee calculated?

An executor reports to the Master, advertises for creditors, prepares the Liquidation and Distribution Account, attends to SARS and distributes the residue. The tariff is 3.5% of gross estate value plus 6% of post-death income, subject to negotiation.

When must a deceased estate be reported to the Master?

Report it to the Master of the High Court within 14 days of death, with the death, identity, will, marital, next-of-kin, asset and liability information.

At what value of estate does estate duty become payable?

Estate duty is calculated above the R3.5 million primary abatement. Section 4(q) provides a deduction for property accruing to a surviving spouse; the final position depends on the assets, deductions and law at death.

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

A straightforward estate typically takes 7–18 months. Property, business interests, disputes, tax queries and incomplete documents can extend it to 18–24 months or longer; 30-day creditor and 21-day inspection periods are milestones.

Can I appoint the bank as executor — is that a good idea?

A bank may be appointed, but compare its service, willingness to act, fee and turnaround with an attorney-executor. The tariff is negotiable, particularly for complex or high-value estates, and terms should be discussed upfront.

Where is the Master of the High Court, Johannesburg, and when does Burger Huyser’s estates practice file there?

The Master of the High Court, Johannesburg administers greater Johannesburg estates. Burger Huyser takes instructions at Randburg, Sandton, Bedfordview and Roodepoort before lodging the documents there.