Wills and Estates Fourways

NEEDS VERIFICATION: Confirm with the firm that Sandton-branch attorneys take instructions from Fourways-area clients on wills and estates matters before publishing. Branch selection is based on geographic proximity (Sandton/Bryanston is closest listed office to Fourways) and Anna-Mi Nel’s confirmed deceased estates scope.

Burger Huyser Attorneys’ Wills & Estates team supports Fourways-area clients across will drafting, trust formation, deceased estate administration, and estate duty planning, with intake handled through the firm’s Sandton branch at Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston (011 253 3080), which sits inside the immediate Fourways–Bryanston corridor. Deceased estate winding-up runs under the Administration of Estates Act 66 of 1965, with the estate reported to the Master of the High Court, Johannesburg within 14 days of death, Letters of Executorship issued for estates over R250 000, and a Liquidation and Distribution Account advertised for a 21-day Master inspection period before distribution; straightforward estates typically take 9 to 15 months, complex estates 18 to 24 months or longer. A valid will is the single most effective step a Fourways-area family can take to keep inheritance disputes, estate duty exposure, and blended-family conflict out of the Master’s process.

Why Engage a Specialist Wills and Estates Attorney in Fourways

Deceased estate winding-up is a Master of the High Court process under the Administration of Estates Act 66 of 1965, not an informal family arrangement. The executor must report the death within 14 days, lodge a Liquidation and Distribution Account within six months of appointment, and clear SARS before any distribution can be made. For Fourways-area estates the reporting point is the Master of the High Court, Johannesburg, situated in the Johannesburg seat of the Gauteng Division of the High Court; Letters of Executorship and Letters of Authority are issued from there, and the statutory advertisements in the Government Gazette and a local newspaper run from that office’s records.

The Fourways profile combines high-value residential properties with business and investment holdings and a high proportion of blended families. Each of these features carries its own wills-and-estates planning implications: estate duty above the R3.5 million primary abatement, buy-and-sell agreements for business interests, and clear nomination of biological and step-children. A common pitfall is treating a will as a once-off document rather than a planning instrument: marriage, divorce, the birth of a child, the sale of a business, or emigration all change the underlying estate and should trigger a will review.

A Fourways-based attorney who can draft the will, advise on the trust and estate duty structure, and then administer the estate on death is materially more useful than one who only handles half the file. The Burger Huyser Wills & Estates team covers all three stages from the firm’s Sandton branch, with dedicated deceased estate administration support across the Gauteng branch network.

What the Service Covers (Scope of Engagement)

The firm’s Wills & Estates service covers six core work streams for Fourways-area clients:

• Will drafting and review — drafting new wills to comply with the Wills Act 7 of 1953, reviewing existing wills to identify problems, and updating wills after life events (marriage in or out of community of property, divorce, new dependants, asset acquisition, or business sale).
• Trust formation and administration — inter vivos trusts for asset protection and intergenerational wealth transfer, trust deeds, trustee appointments, and ongoing trust administration.
• Estate planning and estate duty minimisation — structuring the will, trusts, and asset ownership to manage estate duty exposure above the R3.5 million primary abatement, including the surviving-spouse exemption that keeps most married couples’ estates out of duty on the first death.
• Deceased estate administration — full administration from death through to final distribution: reporting to the Master, advertising for creditors, drafting and lodging the L&D Account, SARS income tax and estate duty clearances, and final distribution to beneficiaries.
• Inheritance and succession disputes — representing executors defending wills, beneficiaries challenging wills (on the grounds of testamentary incapacity, undue influence, fraud, or technical invalidity), and heirs protecting their inheritance rights.
• Powers of attorney and enduring guardianship — drafting financial powers of attorney, healthcare powers of attorney, and enduring guardianship documents to plan for incapacity.

The Legal Framework: The Three Controlling Statutes

Wills and estates in South Africa are governed by four interlocking statutes. The Administration of Estates Act 66 of 1965 sets out the procedure for reporting a deceased estate to the Master of the High Court, the issuing of Letters of Executorship (estates over R250 000) and Letters of Authority (estates under R250 000), the creditor notification process, the Liquidation and Distribution Account, and the executor’s fee tariff. The Intestate Succession Act 81 of 1987 governs distribution where there is no valid will; the surviving spouse receives R250 000 or a child’s share, whichever is greater, with the balance distributed to descendants per the statutory formula. The Wills Act 7 of 1953 sets the formalities for a valid will (capacity, freedom from undue influence, proper witnessing) and the rules for revocation; a will not executed in accordance with the Act is liable to be declared invalid.

Estate duty is charged under the Estate Duty Act 45 of 1955 above the current R3.5 million primary abatement, with a sliding scale of rates (20% on the dutiable amount above R3.5 million, and 25% on the portion exceeding R30 million). Assets that pass to a surviving spouse fall outside the dutiable estate and are not subject to estate duty on the first death, which is why most married couples’ estates incur no duty in practice.

The Deceased Estate Process, Step by Step

1. Report the death to the Master of the High Court, Johannesburg, within 14 days. Preparation includes the death notice, ID copies of the deceased and next-of-kin, the original will (if any), and a completed death report form.
2. Master issues Letters of Executorship (where the estate exceeds R250 000 and a will nominates an executor) or Letters of Authority (where the estate is under R250 000 or there is no nominated executor). The executor named in the will who has been granted Letters of Executorship is authorised to act.
3. Statutory notice is published in the Government Gazette and a local newspaper inviting creditors to submit claims within 30 days.
4. The executor drafts the Liquidation and Distribution Account — a detailed schedule of assets, liabilities, income, and proposed distribution to heirs — and lodges it with the Master.
5. The L&D Account is advertised for a 21-day inspection period during which any interested party may object.
6. If no objections are received, the Master approves the L&D Account. SARS income tax and estate duty clearances are then obtained.
7. Debts are settled, fixed property is transferred to heirs, and moveable assets are distributed to beneficiaries.
8. Beneficiary releases are obtained and the estate is closed.

Executor Fees and Estate Duty: What to Plan Around

Item	Statutory position	Planning lever
Executor fee	3.5% of Gross Estate Value + 6% of income collected after date of death (Administration of Estates Act tariff)	Negotiable in writing with the executor before engagement; banks and trust companies typically charge the full tariff, attorneys often negotiate for larger or complex estates
Estate duty	Charged above R3.5 million dutiable estate (Estate Duty Act 45 of 1955), at 20% on the dutiable amount	Surviving spouse exemption for assets passing to a surviving spouse; testamentary trust structures; donations during lifetime; use of the primary residence abatement
Capital gains tax	Death triggers a CGT disposal of the deceased’s assets at market value	Where the estate is below the R3.5 million estate duty threshold, careful planning can defer or reduce the CGT impact on heirs
Intestate distribution	Surviving spouse receives R250 000 or a child’s share (whichever is greater); balance per statutory formula	A valid will is the only way to depart from the Intestate Succession Act formula

What a Valid Will Must Contain (Wills Act 7 of 1953 Formalities)

• The testator must have testamentary capacity — be of sound mind, understand the nature of a will, know the extent of the estate, and be able to comprehend the claims of those who might expect to inherit.
• The testator must sign the will in the presence of two competent witnesses, who must also sign in the testator’s presence and in each other’s presence.
• The witnesses and their spouses are disqualified from receiving any benefit under the will; a bequest to a witness falls away.
• The will may be revoked by a later will, by destruction with intent to revoke, or by marriage (subject to limited exceptions). Divorce does not automatically revoke a will but is treated as revoking any bequest to the former spouse.

What to Look for When Choosing a Wills and Estates Attorney

• Demonstrable deceased estate experience — the firm should regularly wind up estates through the Master of the High Court, Johannesburg, and have a track record across both simple and complex files.
• Trust and estate duty capability — for Fourways-area clients with high-value property and business interests, the firm should be able to advise on trust formation, buy-and-sell agreements, and estate duty structuring, not just draft a basic will.
• Continuity of attorney through the file — wills drafted today may be administered decades later; the firm should have institutional continuity rather than relying on a single practitioner.
• Transparent fee conversation — the executor fee should be discussed and, where the estate warrants it, negotiated in writing before engagement.
• Coordination with your accountant and financial advisor — estate planning is multi-disciplinary; a firm that works comfortably with your tax advisor shortens the planning cycle.

The Burger Huyser Sandton branch fits this profile: Anna-Mi Nel, Director and Head of the Family Law Department, includes deceased estates in her practice scope alongside divorce and custody work, and the firm supports Wills & Estates matters across its Gauteng branch network with dedicated deceased estate administration capacity.

Practical Considerations: Cost, Timeline, What to Bring

Will drafting cost varies by complexity: a professionally drafted will in the Fourways / northern Johannesburg market is typically charged at a fixed fee, with a higher fee for mirror wills for spouses with accrual claims and estate planning structures layered in. Deceased estate administration cost is governed by the Administration of Estates Act executor tariff (3.5% of gross estate value plus 6% of post-death income); legal fees are typically charged on an hourly basis or as a percentage of the estate, depending on the firm. Burger Huyser Attorneys quotes on a per-file basis after the initial review at the Sandton branch.

Timeline — straightforward estates take 9 to 15 months from death to final distribution; complex estates with property portfolios, business interests, or disputed wills take 18 to 24 months or longer. The statutory advertising periods alone account for several months of that timeline.

What to bring to the first consultation: ID documents, a list of major assets and liabilities, details of any existing will or trust, the names of intended heirs, and details of any business interests or off-shore assets.

Frequently Asked Questions

Do I need a will if I am married in community of property?

Yes. Even in a community of property marriage, your half of the joint estate must be distributed according to your wishes. Without a will, the Intestate Succession Act 81 of 1987 determines who inherits, and this may not align with what you want, particularly if you have children from a prior relationship or a family business you want to keep within the marriage.

What happens if someone in Fourways dies without a will?

The estate is administered under the Intestate Succession Act 81 of 1987. Assets are distributed to the surviving spouse and descendants per a statutory formula: the surviving spouse receives R250 000 or a child’s share, whichever is greater. The Master of the High Court, Johannesburg appoints an executor (typically a family member or an independent administrator) and the winding-up proceeds under the Administration of Estates Act 66 of 1965, but the distribution follows the Act’s formula rather than the deceased’s wishes.

Within how many days must a deceased estate from Fourways be reported?

A deceased estate must be reported to the Master of the High Court within 14 days of the date of death. Any person in possession of the deceased’s property or will can report the death. For Fourways-area estates the reporting point is the Master of the High Court, Johannesburg, in the Johannesburg seat of the Gauteng Division of the High Court.

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

A straightforward estate typically takes 9 to 15 months from death to final distribution. Complex estates with property portfolios, business interests, disputed wills, or cross-border elements can take 18 to 24 months or longer. The statutory advertising periods (the Government Gazette and local newspaper notice for creditor claims, and the 21-day inspection period for the Liquidation and Distribution Account) account for several months of the timeline.

What is the executor’s fee?

The Administration of Estates Act 66 of 1965 sets the executor’s fee at 3.5% of Gross Estate Value, plus 6% of income collected after the date of death. This is the statutory maximum and is negotiable in writing with the executor before engagement. Banks and trust companies typically charge the full tariff; attorney-executors often negotiate the fee for larger or more complex estates. Discuss the fee arrangement with the firm before signing the engagement letter.

What is estate duty, and who pays it?

Estate duty is a tax levied on the dutiable estate under the Estate Duty Act 45 of 1955. The current primary abatement is R3.5 million; estates below this pay no estate duty. Assets that pass to a surviving spouse fall outside the dutiable estate and are not subject to estate duty on the first death. Estate duty is paid from the estate before distribution to heirs.

Can a will be contested in South Africa?

Yes. Wills can be challenged on the grounds of testamentary incapacity, undue influence, fraud, or technical invalidity (failure to comply with the Wills Act 7 of 1953 formalities). Having a will professionally drafted, with proper witnessing, attestation, and capacity safeguards, materially reduces the risk of a successful challenge. Burger Huyser Attorneys’ Wills & Estates team prepares wills with these formalities in mind and can defend or challenge a will if a dispute arises.

Where is the closest Burger Huyser branch to Fourways, and what are the hours?

The Sandton branch is the nearest Burger Huyser office to Fourways: Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191 (tel 011 253 3080, mobile 064 555 3358). Standard office hours apply across the firm’s branches (Monday to Friday, 7:30am to 4:30pm, with after-hours mobile lines for urgent matters).

For wills, trust formation, and deceased estate administration in the Fourways area. Contact Burger Huyser Attorneys’ Sandton branch — Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191 (011 253 3080, mobile 064 555 3358), which sits inside the immediate Fourways–Bryanston corridor. The firm’s Wills & Estates team handles will drafting and review, inter vivos trust formation, estate duty planning above the R3.5 million primary abatement, and full deceased estate administration through the Master of the High Court, Johannesburg, from the firm’s Gauteng branch network with dedicated deceased estate administration support. Anna-Mi Nel — Director and Head of the Family Law Department, based at the Sandton branch — includes deceased estates alongside divorce and custody work. Initial consultations are booked through the Sandton branch directly; bring ID documents, a list of major assets and liabilities, details of any existing will or trust, and the names of intended heirs. 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 a multi-sector specialist practice across Gauteng.