Estates & wills, legacy preserved.
Every person over the age of 16 that is of sound mind should have a valid will. We draft wills and administer deceased estates with discretion, care and precision.
A will is regarded as valid if:
- Witnessed
- Executor Appointed
Anyone over 16 years of age, who writes down and signs a Will in the presence of 2 witnesses, will be regarded as having executed a valid testament.
Procedure & documents, by estate value.
The procedure followed at the Master's Office depends on the total value of the deceased estate.
Value of Estates with Assets Under R250 000
A Letter of Authority is issued by the Master of the High Court. The death does not need to be advertised, and the administration process is simpler and more cost-effective.
Read moreValue of Estates with Assets Over R250 000
A Letter of Executorship is issued by the Master of the High Court. The death must be advertised and a Liquidation and Distribution Account must be drawn.
Read moreWhy you must have a will.
Why you must have a will
By making a Will, you ensure that your assets are disposed of in accordance with your wishes, after your death. This privilege is called "freedom of testation".
Why should an attorney draft your Will
Attorneys are professionals. An attorney can advise you on any problem which may arise with regard to your Will. An attorney has the necessary knowledge and expertise to ensure that your Will is valid and complies with your wishes. Often a Will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure that the requirements of the law are met.
What do I put in my Will
Whatever assets you have, you can say what must happen to them. If you don't write down what must happen, your things can be sold to someone else to cover any debt that you might have.
What happens when I die
The original Will and inventory of your assets must be handed in at the Master's Office, so that the executor gets an official appointment to work with your belongings.
What happens to your estate if you die without a valid Will.
If you die without leaving a valid Will, your assets will be distributed according to the provisions of the Intestate Succession Act. The provisions of this Act are generally fair and ensure that your possessions are transferred to your spouse and children.
BUT, the following may arise if you die without leaving a Will:
- Your assets may not be left to the person of your choice.
- It can take a long time to have an executor appointed. The executor who is appointed may be somebody you may not have chosen yourself, and who may not have your best interests at heart.
- There can be extra and unnecessary costs.
- There can be unhappiness and conflict among members of your family, because there are no clear instructions on how to distribute your assets.
Documents needed to report a deceased estate to the Master.
The documents the executor will need to report the estate to the Master are listed below.
- Original Will (if deceased died testate)
- Death Certificate (if unnatural death, details of cause of death to be provided)
- ID of deceased
- ID of surviving spouse (if applicable)
- Inventory of assets of deceased
- Inventory of Liabilities of deceased (Loans made, clothing accounts etc, if applicable)
- Municipal Account
- Vehicle registration papers (if applicable)
- Car and Home Insurance Policies (if applicable)
- Title Deeds (if applicable)
- Funeral Policies
- Life Insurance / Retirement Annuities / Pension Fund Policy documents
- Share Certificate (if applicable)
- Bank Accounts of deceased
- Details of Bond Accounts of deceased
- Contact details of heirs
- Proof of Bank Accounts of heirs
- Proof of address of deceased
- Proof of address of heirs
- Executor's contact details (if not Fiona Williamson)
- Executor's ID (if not Fiona Williamson)
- Executor's Proof of Address (if not Fiona Williamson)
- Medical Aid Policy, contact numbers and membership number
- Marriage Certificate (if applicable)
- Antenuptial Contract of deceased (if applicable)
- If divorced, Decree of Divorce and Settlement Agreement
- Investment Accounts, account numbers and name of Institution
- Income Tax number of deceased
- Identity documents of all the heirs
- TV Licence (if applicable)
- DSTV account (if applicable)
- Timeshares (if applicable)
- Details of any business Interests (if applicable)
Plan today, protect tomorrow.
Speak with us about drafting your will or administering a deceased estate.
