Wills & Estates Pretoria

Burger Huyser Attorneys’ Pretoria branch, based at Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street in Menlyn (012 471 5700) and supervised by Director Herman Bonnet, handles wills, estate planning and deceased estate administration for clients in Pretoria and the wider Tshwane area. Pretoria-based deceased estates report to the Master of the High Court’s Pretoria office within 14 days of death, and where the estate exceeds R250,000 the full Administration of Estates Act 66 of 1965 process applies.

Why Engage a Specialist Wills and Estates Lawyer in Pretoria

A will must satisfy the formal execution requirements of the Wills Act 7 of 1953 — in writing, signed by the testator at the end, and signed in the presence of at least two competent witnesses who also sign in the presence of the testator and one another. Informal notes, however detailed, do not qualify as valid wills.

Estate administration is procedurally layered: the Master of the High Court (the Pretoria seat for Tshwane estates), SARS, the Deeds Office in some matters, and the deceased’s financial institutions all have to be dealt with in sequence. A Pretoria-based attorney means Master’s filings and in-person queries are practically manageable rather than logistically awkward. Burger Huyser Attorneys carries a 4.8/5 average across 250+ Google reviews (Trustindex verified, “Top Rated Law Firm in South Africa”), with wills and deceased estate work repeatedly named in client feedback. Director Herman Bonnet oversees Pretoria files from the Menlyn office with the support of the firm’s dedicated Deceased Estate Administrator, Lance Pearson.

What the Service Covers

Workstream	What it covers
Will drafting	A new will reflecting the testator’s assets, beneficiaries, executor nomination and guardianship wishes for minor children.
Will review and updating	Reviewing an existing will after marriage, divorce, the birth of a child, the death of a beneficiary or executor, or material changes to assets.
Estate planning	Advice on the interaction between the will, property, business interests, retirement arrangements and any existing trust structures.
Powers of attorney and enduring guardianship	Drafting of powers of attorney and enduring guardianship documentation alongside the will.
Trusts	Formation, cancellation and administration, including testamentary trusts created inside the will.
Deceased estate administration	Full administration from reporting the death to the Master through to final distribution.

Reporting to the Master of the High Court (Pretoria Seat)

Pretoria-based deceased estates report to the Master of the High Court serving the area where the deceased lived during the 12 months before death. For Pretoria and the broader Tshwane magisterial area, that is the Pretoria seat of the Master’s office in the Gauteng Division, based at the SALU Building, 316 Thabo Sehume Street, Pretoria (relocating to 351 Francis Baard Street from 1 June 2026), telephone 012 339 3333 / 7700. The Pretoria seat is operationally separate from the Master’s Johannesburg seat, which serves a different magisterial footprint; reporting to the wrong Master’s office causes procedural delay. The firm’s Deceased Estate Administrator coordinates directly with the Pretoria Master’s office on Burger Huyser files.

Reporting must generally be lodged within 14 days of death, supported by the death notice (BI-9 from Home Affairs), the death certificate, marriage information where relevant, the original will and any codicils, and an inventory of assets and liabilities.

The Administration of Estates Act 66 of 1965 sets a practical R250,000 threshold. Where the gross estate exceeds R250,000, letters of executorship must be issued before any asset may be dealt with. Below that threshold the Master may dispense with executorship and issue letters of authority under section 18(3), with a shorter procedural footprint. In either case, the nominated executor becomes the representative taxpayer to SARS and is responsible for finalising the deceased’s tax affairs before distribution.

Drafting a Will That Will Hold Up

To hold up at administration, a will should reflect four deliberate decisions:

1. Identify beneficiaries and what each should receive — specific assets, shares of the residue, or defined categories.
2. Nominate an executor — the Master formally appoints during administration, but the will’s nomination sets the intended appointee.
3. Record a future guardian for minor children — the Department of Justice specifically recommends this for sole guardians.
4. Decide how minor inheritances should be held — through a testamentary trust, the Guardian’s Fund, or direct vesting.

The will should be reviewed after every material life event: marriage, divorce, the birth of a child, the death of a beneficiary or executor, the acquisition or disposal of significant assets, or starting or selling a business.

Choosing an Executor

Any person may be appointed executor, but the role is procedurally and technically demanding. The executor gathers the estate information, deals with creditors, attends to SARS and Master’s processes, and distributes the estate under the will or, where there is no valid will, under the Intestate Succession Act 81 of 1987. Most testators appoint a lawyer or a trusted family member supported by professional administration.

The estate is effectively frozen at death — no asset may generally be dealt with before the Master’s authority is issued. Burger Huyser’s Deceased Estate Administrator supports appointed executors, including lay executors, through each stage of the process.

What Happens When There Is No Valid Will

Where there is no valid will, the Intestate Succession Act determines the heirs based on the surviving family structure — surviving spouse, descendants, parents and other relatives, in a defined order. Dying without a will does not automatically vest assets in the State, but the distribution may differ materially from what the deceased would have intended. A partner in a life partnership who is not legally married or in a recognised civil union should not assume automatic inheritance rights; a will is the cleanest way to record an intended inheritance for an unmarried partner.

Property, Business Interests and Liquidity

Immovable property is typically the largest estate asset. The will records intended inheritance, but the estate still has to address any bond, rates, insurance and transfer process before the property can be handed over. A business owner should treat business interests separately — a general bequest rarely resolves succession and commercial issues in a company, member’s interest or partnership. An estate may also hold valuable assets but still be unable to meet cash liabilities without selling them, so estate duty exposure under the Estates Duty Act 45 of 1955 should be assessed during planning for estates above the current exemption threshold; SARS remains the authoritative source for current rates.

Trusts as Part of an Estate Plan

A trust is a separate legal arrangement in which trustees administer assets for beneficiaries. A testamentary trust is created inside the will and takes effect only on the testator’s death — typically used to hold inheritance for minor or vulnerable beneficiaries. SARS requires ongoing trust tax compliance and reporting, and the Master’s Branch oversees trust registration and administration. A trust should not be created simply because it is a familiar estate planning concept; the purpose, assets, beneficiaries and ongoing trustee responsibilities must all be properly considered.

For a will drafted, an existing will reviewed, or full administration of a deceased estate in the Pretoria area, contact Burger Huyser Attorneys’ Pretoria branch on 012 471 5700 (mobile 064 548 4838) or visit Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, Menlyn, Pretoria, 0063. The branch is supervised by Director Herman Bonnet and supported by the firm’s Deceased Estate Administrator. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified, “Top Rated Law Firm in South Africa”) and has won Best Family Law Firm 2024 (Lawyers Monthly Legal Awards) and Family Law Firm of the Year 2024 (MEA Business Awards).

Frequently Asked Questions

How much does a wills and estates lawyer in Pretoria cost?

Costs depend on whether the instruction is a straightforward will, a more involved estate plan, or full deceased estate administration. Burger Huyser Attorneys provides fee quotations on a per-file basis after the initial consultation at the Pretoria (Menlyn) branch on 012 471 5700, with an upfront cost conversation rather than a loose pre-engagement estimate.

How long does it take to draft a will?

A straightforward will can typically be drafted and signed within one to two consultations, once the testator’s assets, beneficiaries, executor choice and any guardianship wishes are clear. The firm’s Pretoria branch handles will instructions at the Menlyn office without referring out.

How long does deceased estate administration take in Pretoria?

Timelines depend on the estate’s complexity and the speed with which the Master of the High Court (Pretoria seat) and SARS process the file. Reporting must be lodged within 14 days of death and, where the estate exceeds R250,000, letters of executorship must be issued. Clean files typically take several months; contested or asset-heavy estates take longer.

Where is the Burger Huyser Pretoria branch, and what are the hours?

Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, Menlyn, Pretoria, 0063. Telephone 012 471 5700, mobile 064 548 4838. Open Monday to Friday, 7:30am to 4:30pm, supervised by Director Herman Bonnet.

Can I draft my own will without an attorney?

It is legally possible, but the formal execution requirements are strict (in writing, signed by the testator at the end, signed in the presence of two or more competent witnesses) and a defective will is treated as no will at all. A professionally drafted will reduces the risk of challenge and gives clearer guidance to the executor.

What happens if my original will cannot be found after I die?

A copy of a will is not treated in the same way as an original valid will. Where the original is missing and there is evidence the testator intended it to be the operative will, a court application may be required to have the copy admitted — materially more difficult than keeping the original in safe storage and telling the executor and family where it is kept.