Wills & Estates Attorneys in Sandton: Drafting and Estate Administration

A wills and estates attorney in Sandton can assist with a valid will, incapacity planning, deceased estate administration and estate duty or trust planning. Burger Huyser Attorneys takes local instructions at its Bryanston branch; a Sandton resident’s estate is reported to the Johannesburg seat of the Gauteng Master’s Office, not to a local Magistrate’s Court.

What a Wills & Estates Service in Sandton Actually Covers

Estate planning should connect lifetime decisions, incapacity arrangements and what happens after death. The attorney considers the client’s family, marital regime, assets, liabilities and wishes before recommending documents.

Workstream	What it covers
Will drafting and review	Clear testamentary wishes and execution under the Wills Act 7 of 1953.
Incapacity planning	Powers of attorney, healthcare instructions and lawful curatorship or guardianship options.
Deceased estates	Reporting, appointment, asset and liability investigation, liquidation and distribution, and distribution to heirs.
Estate duty and trusts	Ownership, bequests, deductions and properly administered trust structures.

Burger Huyser’s Wills & Estates and Trusts practices cover will and trust drafting, powers of attorney, deceased estate administration and estate duty planning.

Drafting a Will in Sandton: What the Attorney Actually Does

The consultation records assets, liabilities, dependants and testamentary wishes. It should identify property, investments, policies, digital assets, business interests, foreign property and any relationship a standard form might overlook. An unmarried cohabiting partner may not inherit automatically under intestacy rules, so that intention must be stated.

The attorney discusses an executor and alternate executor, and drafts a plain-language residue clause so an omitted asset does not create partial intestacy. Trusts, minor children, substitute beneficiaries, debts and the client’s marital-property regime may all affect the wording. A nominated executor acts only after the Master issues letters of executorship, unless the small-estate process provides otherwise.

Review the will after marriage, divorce or annulment, a child’s birth or adoption, a major asset transaction, changed business ownership or relocation. Section 2B addresses death within three months after divorce or annulment: the former spouse is generally treated as predeceased unless the will shows otherwise. The effect of marriage and the marital regime should be checked rather than assumed.

Powers of Attorney, Living Wills, and Enduring Guardianship

A will operates after death. An ordinary power of attorney operates during the principal’s lifetime but generally terminates when the principal subsequently loses capacity. South Africa does not currently have a general enacted enduring-power-of-attorney regime; the South African Law Reform Commission’s recommendation for one is not an enacted statute.

A document labelled “enduring power of attorney” should therefore be assessed carefully. A High Court curatorship or another lawful arrangement may be needed for an adult who can no longer make decisions. A living will or advance healthcare instruction records treatment preferences, but does not itself authorise someone to manage bank accounts, property or a trust. Burger Huyser’s firm reference includes powers of attorney and enduring-guardianship planning, so the appropriate route can be discussed at intake.

Deceased Estate Administration: Reporting to the Master’s Office

The estate is reported to the Master’s Office having jurisdiction where the deceased ordinarily lived, normally within 14 days. For Sandton, that is the Johannesburg, Gauteng seat. A local Magistrate’s Court is not the routine reporting venue.

The Department of Justice and Constitutional Development currently uses R250,000 for the section 18(3) distinction:

Estate route	Main requirements
More than R250,000	Letters of executorship and the full process; usually J294, death certificate, relationship documents, original will and codicils, J243 inventory, J190 executor acceptance, identity documents and security where required.
Less than R250,000	The Master may dispense with an executor and issue letters of authority to a Master’s representative under section 18(3); asset-value proof, inventory, nominations, creditor details and J155 may be required.

After appointment, the executor secures assets, verifies debts, publishes the creditor notice and prepares the liquidation and distribution account. It is ordinarily submitted within six months after letters of executorship, unless the Master allows more time. After examination it lies open for inspection for at least 21 days; objections are addressed before confirmation and distribution. Creditors are usually given 30 days to three months from the latest notice to lodge claims, and a contested Master’s decision may be taken to the High Court.

SARS must be notified even where no estate duty is payable. The executor completes the Rev267 return where applicable and submits it with the account to SARS and the Master. SARS’s Deceased Estate Compliance letter confirms tax compliance; it does not replace the Master’s confirmation of the account.

Estate Duty Planning and Trusts

Under the Estate Duty Act 45 of 1955, South Africa’s estate-duty charge is imposed on the dutiable estate, rather than as a general inheritance tax on each heir. SARS currently states a R3.5 million abatement, a 20% rate on the first R30 million of dutiable value and 25% above R30 million.

Allowable deductions and a qualifying bequest to a surviving spouse can change the result, as can deemed property, policies, donations, ownership and trusts. The calculation is not simply a percentage of the gross value of a home or portfolio. A trust may assist with some succession objectives, but it must be properly established and funded; trustees may not act without the Master’s written authority.

Burger Huyser’s Wills & Estates and Trusts practices can be considered together where the plan requires both drafting and administration.

What to Look for When Choosing a Wills & Estates Attorney in Sandton

• Master’s Office experience: knowledge of the Johannesburg route, forms, original wills and account inspections.
• Careful drafting: attention to cohabiting partners, children, digital and foreign assets, businesses and residue clauses.
• Administration capacity: a dedicated administrator to coordinate notices, queries, tax and the account.
• Cross-discipline advice: access to wills, trusts, estate duty, property and dispute capability.
• Transparent fees: a written scope and cost discussion after the file is understood.

Burger Huyser’s Sandton branch is co-directed by Director Anna-Mi Nel, whose confirmed practice includes deceased estates, with Deceased Estate Administrator Lance Pearson supporting the firm’s estate work.

Practical Considerations: Cost, Timeline, What to Bring

Question	Practical answer
Cost	A straightforward will costs less than a blended-family plan involving a trust, business or foreign assets. Burger Huyser quotes per matter after consultation; administration costs depend on the agreed scope and estate.
Timeline	A simple will may be signed in one consultation. Estate administration commonly takes six to eighteen months, but queries, tax, transfers, disputes and the Master’s workload can extend it.
Bring for a will	ID, existing will, marriage or divorce documents, asset and liability list, beneficiaries, proposed executor and relevant trust or business records.
Bring for an estate	Death certificate, deceased’s ID, original will and codicils, relationship proof, executor and heir IDs, inventory information, assets, liabilities and creditor details.

For will drafting, incapacity planning, deceased estate administration, estate duty advice or trusts, contact Burger Huyser Attorneys’ Sandton branch on 011 253 3080 or mobile 064 555 3358. The office is at Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. Bring the relevant documents for a matter-specific scope and cost discussion. Burger Huyser Attorneys records a 4.8/5 average from 250+ Google reviews, Trustindex verified as “Top Rated Law Firm in South Africa”. Confirm current appointment times directly with the branch.

Frequently Asked Questions

How much does it cost to draft a will in Sandton?

Fees depend on complexity. A simple will costs less than a blended-family plan involving a trust, business or foreign assets. Burger Huyser quotes after consultation.

Where is the Master’s Office for reporting a deceased estate from Sandton?

A Sandton resident’s estate is ordinarily reported to the Johannesburg Master of the High Court in Gauteng, not the Sandton Magistrate’s Court. The DOJCD page lists No 66 Marshall Street, Johannesburg. Report normally within 14 days.

How long does deceased estate administration take?

There is no fixed period. A straightforward estate may take six to nine months; a complex estate may take twelve to eighteen months or longer.

Do I need an attorney for a small estate?

Not always. Below R250,000, the Master may issue letters of authority to a Master’s representative under section 18(3) of the Administration of Estates Act. Advice remains useful for a missing will, dispute, tax, property or creditor issue.

What’s the difference between a will and an enduring power of attorney?

A will operates after death. An ordinary power of attorney generally ends on incapacity; South Africa has no general enacted enduring-power-of-attorney regime. A High Court curatorship may be needed.

What is estate duty and does my estate have to pay it?

Estate duty applies to dutiable value after deductions and SARS’s R3.5 million abatement. SARS lists 20% up to R30 million and 25% above it. The full calculation determines liability.