What Is an Estate Planning Lawyer and Why Do You Need One?

An estate planning lawyer in South Africa covers three integrated workstreams: drafting lifetime instruments (a will, an enduring power of attorney, and, where appropriate, a family trust), registering those instruments so they take effect when needed, and administering a deceased estate when someone dies. Burger Huyser Attorneys delivers all three from its Wills & Estates department, anchored at the Linden/Randburg head office (49 First Avenue, Linden, Randburg, 011 888 0246) and supported by branches across Gauteng. The first engagement is a one-on-one consultation where the firm maps a client’s family, asset, and business position to the instruments that actually apply, then issues a fixed quote before drafting begins — no work starts without a transparent fee conversation. Where a matter is purely deceased estate administration, the firm’s dedicated deceased estate administrator (Lance Pearson) runs the file end-to-end.

What an Estate Planning Lawyer Actually Does

• Drafts and executes wills that comply with the Wills Act 7 of 1953 — including the formalities for signing in front of competent witnesses and the rules for self-proof where required.
• Establishes inter vivos (living) trusts and testamentary trusts, registering them with the Master of the High Court where the trust holds assets that must be administered post-death.
• Drafts enduring powers of attorney under the Powers of Attorney Act 23 of 2013, which came into force to replace the older limited life-curve powers and gives an appointed agent durable authority over financial and other matters if the principal loses capacity.
• Reviews existing wills and structures when life events change the picture — marriage, divorce, birth of a child, acquisition of a business, relocation of assets across borders.
• Administers deceased estates under the Administration of Estates Act 66 of 1965 — from the first death report at the Master’s office through to final distribution to heirs.
• Advises on estate duty and the structuring that legitimately reduces it (bequeathing to a surviving spouse, use of trusts, section 4(q) deductions), with the firm’s LLM Tax Law-qualified director (Marni Huyser) overseeing the planning layer.

The Three Workstreams of Estate Planning at Burger Huyser

Why “Estate Planning” Should Start Before There’s a Problem

Most South African testators die without an updated will. Intestate succession under the Intestate Succession Act 81 of 1987 then dictates who inherits, which often does not match the deceased’s actual intentions — especially in blended families, second marriages, or where a business forms part of the estate. A will and an enduring power of attorney are the cheapest part of the entire estate planning exercise; the cost is recovered many times over if a deceased estate would otherwise require formal administration under Master’s supervision without one in place.

Estate duty is calculated on the dutiable estate at rates prescribed in the Estate Duty Act 45 of 1955. Structuring ahead of time — for example, through bequests to a surviving spouse, which roll over under section 4(q), or through the use of a properly drafted trust — materially reduces the dutiable amount for estates above the current exemption threshold. Where a dispute does arise after death (a challenge to a will’s validity or a dependants’ claim under the Maintenance of Surviving Spouses Act 27 of 1990), the firm’s litigation department handles the contested-estate side, so a single instruction covers both the planning and the dispute layer if it ever arises.

The South African Legal Framework That Governs Estate Planning

• Wills Act 7 of 1953 — sets the formalities for a valid will, the rules for revocation by marriage (subject to the reformulation in the Administration of Estates Act), and the requirements for self-proof in the absence of witnesses at execution.
• Administration of Estates Act 66 of 1965 — governs the appointment of executors, the reporting of estates to the Master of the High Court, the advertising of creditors, the drafting of the liquidation and distribution account, and the final distribution to heirs.
• Powers of Attorney Act 23 of 2013 — introduced the enduring power of attorney, replacing the older limited life-curve document and giving an appointed agent durable authority if the principal becomes incapacitated.
• Trust Property Control Act 57 of 1988 — requires trustees to be authorised by the Master before acting, and governs the registration of trust deeds that hold property.
• Intestate Succession Act 81 of 1987 — determines who inherits when someone dies without a valid will.
• Maintenance of Surviving Spouses Act 27 of 1990 — gives a surviving spouse a statutory claim against the deceased estate if the will (or intestate succession) does not make adequate provision for their maintenance.
• Estate Duty Act 45 of 1955 — sets the rates of estate duty payable on the dutiable estate, with the primary residence abatement and section 4(q) spousal deduction being the most commonly used reliefs.

What to Bring to the First Estate Planning Consultation

Choosing the Right Estate Planning Lawyer: What to Look For

• Multi-disciplinary team — estate planning overlaps with tax (estate duty), family law (second marriages, maintenance claims), commercial law (business interests in the estate), and litigation (contested estates). A firm that can run all four without briefing out is meaningfully cheaper and faster than one that needs to bring in outside counsel for each issue.
• Direct principal-attorney access — the initial strategy conversation should not be handed to a candidate attorney; the responsible director or the deceased estate administrator (Lance Pearson) should be the practical point of contact for estate work.
• Trust experience, not just will experience — drafting a will is one task; drafting and registering a trust that holds property or operates a family business is a materially different exercise, and firms that can only do the former will outsource the latter.
• Transparent fee conversation — fees should be quoted after the consultation, in writing, against a defined scope of work. Burger Huyser quotes on a per-file basis; the firm is consistently noted in client reviews for honest cost conversations and not selling false hope.
• Local branch coverage — estate planning often requires multiple in-person visits (signing, witnessing, original document handover). A firm with branches across Gauteng reduces the friction for clients who do not live near the head office.

Burger Huyser Attorneys meets that profile through its dedicated Wills & Estates department — anchored at the head office and run with the in-house tax specialism of its LLM Tax Law-qualified Managing Director (Marni Huyser) and the deceased estates specialism of Director Anna-Mi Nel — and supported by branches in Sandton, Roodepoort, Bedfordview, Alberton, Midrand, Pretoria (Menlyn), and Centurion, so the consultation, signing, and administration can all happen close to where the client lives.

Frequently Asked Questions

What is the difference between a will and an estate plan?

A will is one document within an estate plan; an estate plan also typically includes an enduring power of attorney (so someone can act for you if you become incapacitated), a trust (where the estate is large enough to warrant one or where there are blended-family or business-succession reasons), and the structuring that legitimately reduces estate duty. Burger Huyser’s Wills & Estates practice covers all four, not just will drafting.

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

Fees depend on the complexity — a single will with a straightforward estate is a different engagement from a will plus trust plus enduring power of attorney plus cross-border structuring. Burger Huyser Attorneys quotes on a per-file basis after the initial consultation at the Linden/Randburg head office (011 888 0246) or whichever branch is closest; the firm does not start drafting before giving a written fee estimate against a defined scope.

How long does it take to draft a will?

A straightforward will can be drafted and signed within two to four weeks of the consultation, assuming the client brings the documentation listed in the consultation section. More complex structures (with a trust, business interests, or blended-family provisions) typically take four to eight weeks because of the additional drafting, client review, and execution steps.

What happens if someone dies without a will in South Africa?

Intestate succession under the Intestate Succession Act 81 of 1987 determines who inherits. The estate is then administered under the Administration of Estates Act 66 of 1965 by an executor appointed by the Master of the High Court. The Master’s office can take materially longer to process an intestate estate than one supported by a valid will, and the distribution may not match the deceased’s intentions — particularly in second marriages or blended families.

Does Burger Huyser handle deceased estate administration as well as will drafting?

Yes. The firm’s Wills & Estates department runs the full arc — from the initial planning conversation through drafting, to administering the deceased estate after a death (death reporting at the Master’s office, letters of executorship, advertising of creditors, liquidation and distribution account, and final distribution). The dedicated deceased estate administrator is Lance Pearson, supported by the firm’s directors for the legal and tax work.

Where is the nearest Burger Huyser branch for an estate planning consultation?

The head office is at 49 First Avenue, Linden, Randburg (011 888 0246), open Monday to Friday, 7:30am to 4:30pm. The firm also has branches in Sandton, Roodepoort, Bedfordview, Alberton, Midrand, Pretoria (Menlyn), and Centurion — clients typically book at whichever branch is closest to them, with the head office running the central estate-planning function.

If you are planning an estate, drafting a will, setting up a family trust, or handling a deceased estate administration, contact Burger Huyser Attorneys’ Wills & Estates department at the Linden/Randburg head office on 011 888 0246 (after-hours 061 516 6878) or visit 49 First Avenue, Linden, Randburg, 2194, Monday to Friday, 7:30am to 4:30pm. Initial consultations are also available at the Sandton (011 253 3080), Roodepoort (011 668 0030), Bedfordview (011 201 7190), Alberton (011 439 3990), Midrand (010 022 4082), Pretoria / Menlyn (012 471 5700), and Centurion (012 644 4990) branches. Bring ID documents, a list of assets and their approximate values, an existing will (if any), and the names of intended heirs and executors to the first meeting. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and has been recognised as Best Woman-Owned Specialist Law Firm 2026 – Johannesburg (Acquisition International Influential Businesswoman Awards, awarded to Marni Huyser) and Commercial Law Firm of the Year 2025 – South Africa (5 Star Lawyers Awards).