WILLS & ESTATE LAWYERS IN JOHANNESBURG
IMPORTANCE OF WILLS AND ESTATES
In South Africa, we enjoy the privilege of freedom of testation. This means we have the right to decide who will inherit our belongings once we are not here anymore. It is of vital importance to find an expert attorney to draw up your will while you are still of sound mind.
We tend to avoid thinking about our mortality but same is inevitable and we need to plan accordingly. Failure to plan accordingly will result in chaos and possible family feuds in the unfortunate event of your passing.
There are numerous elements to consider when drafting a will, such Estate Duty, Donations Tax, creating a trust for minors, setting up usufruct (lifelong personal right to an asset or property, for eg: Your child inherits the property but your surviving spouse has the right to stay in the property or receive rental income until he/she passes away), Power of Attorney in the event of a deteriorating mental illness and many more.
We at Burger Huyser Attorneys are experts in drafting wills, estate planning, tax planning deceased estates and drafting power of attorneys. Schedule an appoint with one of our estate planning and tax specialists so that we can advise on what the best possible structure is for your unique circumstances.
Should you pass away without a will in South Africa, the Intestate Succession Ach will determine who the beneficiaries will be and how your estate will be divided amongst them.
SPECIALIST ESTATE PLANNING LAWYERS – OUR AREAS OF PRACTISE
Listed below are the areas we can assist you within Wills and Estate planning:
DRAFTING OF A WILL
It is of vital importance that your will is drafted in such a manner that it valid, binding and enforceable. The Act sets out certain requirements for a valid will.
To ensure that the beneficiaries in your will is in accordance with your wishes, it is of vital importance to draft and amend your will annually. Your original will and testament will be archived and kept safe and a friendly staff member will contact you annually to enquire whether you require any changes to your existing will.
Estate planning refers to the process of arranging, managing and dispositioning a testator’s affairs in such a manner that it optimizes their aspirations, whilst at the same time, benefitting the respective beneficiaries to such a degree that estate duty and donations tax is minimised, whilst adequately protecting the testator’s assets against any unwanted creditors.