Wills and Estates Johannesburg

Wills and estates attorneys in Johannesburg help clients draft or update valid wills, plan how assets should pass, nominate executors, and administer deceased estates under the Administration of Estates Act 66 of 1965. A death must generally be reported to the Master of the High Court within fourteen days, after which the authorised representative or executor manages notices, assets, liabilities, tax, accounts and distribution. Burger Huyser Attorneys provides will drafting, trust-related guidance and deceased-estate administration through its Wills & Estates practice, with Johannesburg-area consultations available from its Linden/Randburg head office and the nearby Sandton and Bedfordview branches.

Choose the Right Wills and Estates Service

Three distinct needs sit under the phrase “wills and estates” — planning while alive, administering an estate after death, and resolving a dispute. Sorting these at the outset prevents a bereaved family from wading through planning-only material, and stops a planning client from paying for an executor-appointment mandate they do not yet need.

Client’s situation	Appropriate service	Core outcome
Planning while alive	Will drafting or review, estate planning, trust and succession advice	A legally compliant plan that records wishes and addresses family, tax, liquidity and asset-transfer issues
A person has died	Reporting and deceased-estate administration	Appointment of an authorised representative or executor, settlement of liabilities and lawful distribution to heirs or beneficiaries
No valid will or a dispute exists	Intestate-succession advice, mediation or litigation	Identification of inheritance rights under the Intestate Succession Act 81 of 1987, resolution of objections, or a court ruling on the contested issue

A will is only one part of estate planning. Property, businesses, trusts, insurance, retirement interests, liabilities, tax, foreign assets and family circumstances may each require separate analysis. The first consultation should define the scope clearly because drafting a will, accepting appointment as executor, and administering a deceased estate are three different mandates with three different cost profiles.

Drafting a Valid Will in South Africa

The Wills Act 7 of 1953 governs the formal validity of wills in South Africa. A valid will must be signed by the testator at the end of the document in the presence of two or more competent witnesses, each of whom must be at least fourteen years old and competent to give evidence in a court. Witnesses must sign in the presence of the testator and of each other; a beneficiary who witnesses the will, or that beneficiary’s spouse, forfeits any benefit under the will. A competent witness who is not a beneficiary does not invalidate the will; an incompetent witness also does not invalidate the will but receives no benefit. Where the testator cannot sign, another person may sign in the testator’s presence and by the testator’s direction.

An attorney translates the client’s instructions into clauses that can be executed with the required signatures and witnesses, and records substantive decisions that the Wills Act does not describe. These include identifying beneficiaries and substitute beneficiaries, nominating an executor, dealing with specific assets and the residue of the estate, nominating a guardian for minor children where appropriate, and considering a testamentary trust rather than leaving assets directly to minors. Unambiguous drafting matters wherever the estate includes a business, immovable property, a blended family, maintenance obligations, foreign assets or a beneficiary who needs ongoing financial support.

When to Review or Update a Will

A will is not a once-off document. Reviews should be triggered by life events that change the assumptions on which the original will was drafted.

• Relationship changes: marriage, entering a long-term partnership, moving in with a partner, separation and divorce all change who should benefit and who should be treated as having predeceased the testator.
• Children: the birth or adoption of a child is a moment to nominate a guardian or settle a testamentary trust; the moment children become adults or financially independent is a moment to revisit that structure.
• Asset changes: buying or selling material assets, acquiring a business interest, changing residence or tax residence, creating or restructuring a trust, or acquiring offshore assets each alter what the will must direct.
• Role changes: if the nominated executor, guardian or beneficiary dies, becomes unsuitable, or no longer fits the intended plan, the will must be updated.
• Pets: provision for animals must be made through a workable legal arrangement with a person or organisation able to carry it out; an animal cannot inherit directly.
• Periodic review: even without a major life event, a periodic review — without an arbitrary guaranteed interval — keeps the will aligned with current family and financial realities.

Estate Planning Beyond the Will

Estate planning maps the client’s complete wealth portfolio: immovable property, bank accounts, investments, businesses, personal assets, insurance, retirement interests, debts, maintenance obligations, trusts and foreign property. Liquidity is assessed so that tax, administration costs and debts can be paid without forcing an avoidable asset sale. An estate that contains a house or a vehicle but insufficient cash can face a genuine liquidity shortfall, which may require a beneficiary contribution or an authorised sale of an estate asset; the executor must assess the estate’s solvency and legal duties rather than assume a preferred asset can be retained.

Estate duty and capital gains tax sit on top of the will. SARS currently applies an abatement of R3,5 million under section 4(q) of the Estate Duty Act 45 of 1955 — effective from 1 March 2025 — with a further R30 million spousal abatement where the net value of qualifying property passes to a surviving spouse. Estate duty is then levied at 20% on the dutiable amount above the abatement. Trust drafting, registration, administration or restructuring may be relevant where the asset base, family structure or tax profile warrants it, but a trust is not an automatic tax-saving device and should be evaluated on its own legal and practical merits. Business succession, buy-and-sell arrangements, the practical transfer or disposal of assets, and co-ordination with tax, accounting, fiduciary and conveyancing professionals all sit within the planning mandate. A South African will is not necessarily sufficient for every foreign asset; applicable law, foreign probate requirements and the risk of conflicting wills must be assessed. Powers of attorney, notarial work and curatorship each have distinct limits and are not substitutes for a valid will or a deceased-estate process.

The Linden/Randburg head office and the Sandton and Bedfordview branches routinely co-ordinate this kind of cross-disciplinary work with the responsible tax professionals, conveyancers and notaries inside the firm, so a client receives a single plan rather than a stack of disconnected partial documents.

How a Deceased Estate Is Administered

Administration is supervised by the Master of the High Court, not handled as an ordinary application at a local Magistrate’s Court. The correct Master’s Office and reporting route depend on the deceased’s legal jurisdiction and circumstances, so the attorney should confirm the venue rather than assume every Johannesburg matter follows identical logistics.

1. Report the estate. Section 9 of the Administration of Estates Act 66 of 1965 requires the death to be reported to the Master, ordinarily on Form J190, within 14 days of the Master becoming aware of the death.
2. Prepare the reporting documents. Obtain the death certificate or notice, the original will, identity and marriage documents, next-of-kin information, a preliminary inventory, nominated-executor details and the other Master-prescribed forms.
3. Obtain authority to act. For estates above R250,000 in gross value, the Master issues Letters of Executorship. For estates at or below that threshold, a simplified Letter of Authority is issued instead.
4. Identify assets, liabilities and interested parties. Capture bank, investment, property, business, insurance, tax and debt information, including foreign property and post-death income.
5. Notify creditors and assess claims. Run the statutory notice process and observe the 30-day creditor-claim period before finalising the Liquidation and Distribution Account. Not every submitted claim is automatically valid.
6. Prepare the Liquidation and Distribution Account. Set out assets, liabilities, administration costs, tax and proposed distributions on Form J193. The account is ordinarily lodged within six months after Letters of Executorship; extensions are possible where complexity justifies them.
7. Advertise the account for inspection. Allow the 21-day inspection period during which interested parties may lodge objections before the Master permits distribution.
8. Complete tax and property work. Obtain SARS compliance or estate-duty clearance, settle debts, arrange sales where authorised, and transfer immovable property to a purchaser or beneficiary through the required conveyancing process.
9. Distribute and finalise. Pay the balance in accordance with the approved account and the will or intestate-succession rules, retain proof, and complete the Master’s closing requirements.

Executor Appointment, Remuneration and Other Costs

Nominating an executor in a will and being formally appointed by the Master are two different things. Nomination does not by itself create authority to administer the estate; the Master’s appointment does. Selection criteria therefore include the nominated executor’s experience with the Master’s Office and SARS, the capacity to deal with property and business complexity, communication practices, continuity, conflicts of interest, and a willingness to agree remuneration clearly in writing.

The prescribed tariff authorised by section 81(1) of the Administration of Estates Act 66 of 1965 is up to 3.5% of gross estate assets plus 6% of income collected after the date of death. The executor or the Master may reduce the fee in writing. VAT is charged on top of the fee, and additional disbursements — conveyancing, advertising, valuation and tax-professional costs — are billed separately. A fixed will-drafting quote and executor remuneration are separate items; clients should ask what is included before signing a mandate or naming an executor.

Realistic Deceased-Estate Timelines

No attorney can guarantee a completion date because timing depends on the Master, SARS, creditor claims, property sales or transfers, beneficiary co-operation, disputes and the complexity of assets. A straightforward estate typically takes between nine and fifteen months; a complex estate commonly takes eighteen to twenty-four months or longer. The 30-day creditor-claim period and the 21-day Liquidation and Distribution Account inspection period are only parts of the overall timeline — document gathering, appointment, tax, objections and property work can add substantial time. Status updates tied to milestones — reporting, appointment, creditor notice, account lodgement, inspection and distribution — are more useful than vague assurances that the estate is “being processed.”

What Happens If There Is No Valid Will

Where the deceased left no valid will, the Intestate Succession Act 81 of 1987 determines who inherits. Administration is still required and the estate does not automatically pass informally to relatives. Where a spouse and descendants survive together, the surviving spouse receives the greater of R250,000 or a child’s share of the estate, plus an additional share of the balance. The practical consequences are significant: a preferred beneficiary may receive nothing, minor beneficiaries require proper administration, family expectations may not match the statutory order, and a suitable executor still needs authority from the Master. Intestacy is also distinct from an insolvent estate — having too little cash is a liquidity issue, while liabilities exceeding assets triggers a different legal process.

Will and Estate Disputes

A will may be challenged on grounds such as lack of testamentary capacity, undue influence, fraud, forgery or failure to comply with required formalities. No professionally drafted will is “challenge-proof.” Common administration disputes also include the interpretation of clauses, disputed creditor claims, executor delay or misconduct, objections to the Liquidation and Distribution Account, asset valuations and disagreements over sales or distributions. Negotiation, family or heir mediation, and litigation are each possible responses; the appropriate route depends on urgency, evidence, cost and whether the Master or a court must decide the issue. Contentious-estate work is clearly scoped from routine administration so the client understands that a dispute may create a separate mandate and separate cost exposure.

What a Johannesburg Wills and Estates Attorney Should Handle

Will work covers fact-finding, drafting, explaining clauses, supervising compliant execution, preserving clear records and advising when a specialist tax or trust opinion is needed. Planning work covers wealth-portfolio analysis, liquidity and succession planning, trust and business considerations, estate-duty and capital-gains-tax co-ordination, foreign-asset review and practical transfer planning. Administration work covers Master reporting, executor or representative appointment, statutory notices, asset and liability verification, Liquidation and Distribution Account preparation, SARS co-ordination, creditor claims, property transfers, beneficiary communication and final distribution. Related work where relevant includes trust deeds and administration, curatorship applications, notarial services, conveyancing, bonds, elder-law issues, cross-border probate, and estate mediation or litigation. The attorney should clearly state which work sits within the firm’s own Wills & Estates practice and which specialist services may require a separately scoped mandate or an external professional; nothing should be implied to be automatically included in a single fee.

What to Look for When Choosing an Attorney or Executor

• Demonstrable experience with South African wills and the full deceased-estate process, not only document drafting.
• Familiarity with the Master’s Office, SARS, intestate succession, trusts, estate duty, capital gains tax, property transfers and disputes relevant to the client’s asset profile.
• A plain-language written scope that identifies the responsible professional, fee basis, disbursements, expected milestones and exclusions.
• A communication plan for beneficiaries and a defined process for reporting delays or requests from the Master.
• Capacity to co-ordinate complex or cross-disciplinary assets, including businesses, immovable property and foreign holdings.
• A personalised, non-promissory consultation that tests the client’s circumstances rather than offering a generic will or a guaranteed administration date.

Burger Huyser Attorneys’ Wills & Estates practice meets this profile across its Johannesburg-area branches, with the team’s reputation for honest cost discussions and clear communication reflected in the firm’s 4.8/5 average from 250+ Google reviews.

What to Bring to the First Consultation

For a will or estate plan	After a death
Identification documents	Death certificate or notice
Existing will and any trust deed	Original will (if any)
Marriage or partnership documents; antenuptial contract if applicable	Deceased’s identification and the reporting person’s identification
Beneficiary and guardian details	Marriage and divorce documents where relevant
Asset and liability summary	Next-of-kin details
Title-deed or property information	Asset and liability records; bank, investment, property information
Business interests	Funeral details and known creditor or beneficiary correspondence
Insurance and retirement information	Nominated-executor information
Foreign-asset details	Tax number
Relevant tax or succession agreements	—

This is an intake checklist rather than the Master’s complete prescribed reporting pack. The attorney will confirm the exact documents once the matter has been reviewed.

Johannesburg Procedural and Service Context

Johannesburg clients do not report a deceased estate through an ordinary Magistrate’s Court merely because it is closest to their home; the responsible attorney must confirm the correct Master of the High Court jurisdiction from the deceased’s circumstances. Burger Huyser Attorneys can receive Johannesburg-area wills and estates enquiries through its Linden/Randburg head office, with the Sandton and Bedfordview branches offering additional consultation points across the city. The branch used for the initial meeting does not change the legal reporting route, and clients should ask the firm which office is best placed to handle their documents and ongoing administration.

Frequently Asked Questions

Do I need an attorney to draft a will in Johannesburg?

South African law does not require an attorney to write every will, but the document must comply with the Wills Act 7 of 1953 and clearly express the testator’s intentions. Professional drafting is particularly valuable where there are minor children, a blended family, trusts, businesses, property, maintenance obligations or foreign assets.

How much does a will or deceased-estate attorney cost?

Cost depends on whether the mandate is limited to will drafting, involves broader estate and tax planning, or covers administration after death. A fixed will-drafting quote, executor remuneration and third-party disbursements are billed separately and should be confirmed in writing before a mandate is signed.

What are the executor’s fees in South Africa?

The prescribed tariff authorised by section 81 of the Administration of Estates Act 66 of 1965 is up to 3.5% of gross estate assets plus 6% of income collected after the date of death. The executor or the Master may reduce the fee in writing, and VAT is charged on top of the fee.

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

A straightforward estate typically takes between nine and fifteen months, and a complex estate eighteen to twenty-four months or longer. The 30-day creditor-claim period and the 21-day Liquidation and Distribution Account inspection period are only parts of the overall timeline; Master and SARS processing, sales, transfers and disputes can add further time.

Can an attorney administer an estate if the deceased left no will?

Yes. The estate must still be reported and administered through the Master of the High Court, but the Intestate Succession Act 81 of 1987 identifies the heirs instead of the deceased’s written instructions, and the Master must authorise the representative or executor who will act.

Which Burger Huyser office handles wills and estates in Johannesburg?

Johannesburg-area clients can begin at the Linden/Randburg head office on 011 888 0246. The firm also consults from its Sandton branch on 011 253 3080 and its Bedfordview branch on 011 201 7190, and the intake team can confirm which office is most practical for the matter.

Speak to Burger Huyser Attorneys about wills and estates. The firm’s Wills & Estates practice assists Johannesburg clients with wills, trusts, estate planning and deceased-estate administration through a personalised, plain-spoken service. Contact the Linden/Randburg head office at 49 First Avenue, Linden, on 011 888 0246, or ask the team whether the Sandton or Bedfordview branch is more convenient for the consultation. The firm holds a 4.8/5 average from 250+ Google reviews, with client feedback repeatedly highlighting honest cost discussions, clear communication and compassionate support during sensitive matters.