A properly drafted will and clear estate planning can help protect your family, record your wishes and reduce uncertainty after your death. Kamfer Attorneys assists individuals and families with wills, estate planning and deceased estate administration in Pretoria and surrounding areas.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Wills and Estates Attorneys in Pretoria
Planning what should happen to your assets after your death is an important legal and financial decision. A will can identify your beneficiaries, nominate an executor and address important issues involving minor children and inheritances.
Estate planning may also require a broader assessment of your property, business interests, family circumstances and the practical administration of your estate.
When a person dies, their deceased estate must be administered in accordance with the applicable legal process. Where there is a valid will, the estate is generally distributed according to its terms. Where no valid will exists, intestate succession rules apply.
Kamfer Attorneys assists clients with drafting and updating wills, estate planning and the administration of deceased estates.
Drafting a Valid Will
A will records how you want your estate to be dealt with after your death.
However, simply writing down your wishes does not necessarily mean that the document will be accepted as a valid will.
South African law contains formal requirements for the execution of a will. The Department of Justice’s current guidance confirms that a will must be in writing, signed by the testator at the end and signed in the presence of two or more competent witnesses.
Problems with signatures, witnessing or the structure of the document can create uncertainty when the estate is later reported.
Kamfer Attorneys assists clients with professionally drafted wills that reflect their circumstances and intended distribution of assets.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
What Should Be Included in Your Will?
The content of a will depends on your family, assets and wishes.
A will may identify who should inherit particular assets or receive a share of the estate. It can nominate an executor and address how inheritances intended for minor beneficiaries should be dealt with.
Where a person is the sole guardian of a minor child, the Department of Justice also recommends indicating who should be appointed as guardian after the person’s death.
A will should be drafted with the practical consequences of its instructions in mind.
For example, leaving a particular asset to one person may become complicated if that asset needs to be sold to meet estate liabilities. A person may also have changed their assets significantly since an older will was drafted.
Our attorneys discuss your circumstances and help prepare a will based on the assets, beneficiaries and family considerations relevant to you.
Choosing an Executor for Your Estate
The executor is responsible for administering the deceased estate through the required legal process.
A will can nominate the person you would like to act as executor. The Department of Justice notes that appointing an executor allows you to nominate someone you trust to deal with the estate and your heirs’ interests, although the formal appointment remains part of the Master’s process.
The role can involve gathering information about the estate, dealing with assets and liabilities, communicating with relevant institutions and completing the required administration process.
Choosing an executor should therefore not be treated as an afterthought.
Kamfer Attorneys can advise on executor nominations when preparing your will and assist with deceased estate administration after a person has died.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Wills and Minor Children
Parents of minor children often have particular concerns about what will happen if they die.
A will can address the inheritance intended for a minor beneficiary and record relevant wishes regarding guardianship where appropriate.
The Department of Justice specifically advises will-makers to consider what should happen to the inheritance of a minor beneficiary, including whether the inheritance should be dealt with through a trust or the Guardian’s Fund.
Leaving assets directly to a minor without considering how the inheritance will be managed can create practical difficulties.
Our attorneys assist parents with considering these issues when preparing their wills and broader estate plans.
When Should You Update Your Will?
A will should not necessarily remain unchanged for the rest of your life.
Your circumstances can change significantly after a will has been signed.
Marriage, divorce, the birth of a child, the death of a beneficiary or executor and major changes to your assets may all provide a reason to review your existing will.
You may have bought or sold property, started a business or changed your intentions regarding the distribution of your estate.
An old will can refer to circumstances that no longer exist.
Kamfer Attorneys assists clients with reviewing existing wills and preparing updated wills where their personal, family or financial circumstances have changed.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
What Happens If You Die Without a Will?
Where a person dies without leaving a valid will, the estate is distributed according to the rules of intestate succession rather than personal instructions left by the deceased.
The applicable rules determine the heirs based on the surviving family relationships. Depending on the circumstances, a surviving spouse, descendants, parents or other relatives may inherit.
Dying without a will does not mean that your assets automatically go to the State. However, the distribution of the estate may be very different from what you personally intended.
A partner, relative or other person you intended to benefit should not simply assume that they will inherit in the absence of a valid will.
Preparing a will allows your wishes to be recorded and considered through the estate administration process.
Wills for Unmarried Couples and Partners
People who have built a life together sometimes assume that their partner will automatically inherit everything if one of them dies.
The legal position can be more complicated and may depend on the nature and legal recognition of the relationship and the particular succession rules that apply.
Where you want a partner or another specific person to inherit from your estate, your estate planning should not be based only on assumptions about what your family will agree to after your death.
A clearly drafted will can record your intended beneficiaries.
Kamfer Attorneys assists individuals and couples with wills that reflect their personal relationships and estate planning wishes.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Estate Planning in Pretoria
Estate planning involves considering how your assets, liabilities and family circumstances may affect the administration and distribution of your estate.
A will is an important part of the process, but it may not answer every estate planning question.
Property ownership, business interests, retirement arrangements and existing estate planning structures may need to be considered.
The liquidity of the estate can also become important. An estate may contain valuable assets but still experience difficulty meeting expenses and liabilities if there is insufficient available cash.
Tax considerations may also form part of estate administration. SARS confirms that an executor acts as the representative taxpayer and is responsible for dealing with the deceased’s financial and tax affairs during the estate process.
Our attorneys assist clients with considering the legal aspects of estate planning and preparing appropriate estate documentation.
Estate Planning for Business Owners
A business interest can create additional estate planning considerations.
A business owner may hold shares in a company, a member’s interest or other valuable commercial interests. The owner may also play a central role in the daily operation of the business.
Questions can arise about what happens to the business interest after death and how the value of that interest affects the estate.
Where several people own a business together, existing company documents and agreements may also need to be considered.
Business owners should avoid assuming that a general sentence in a will will resolve every succession or commercial issue.
Kamfer Attorneys can assist with considering business interests as part of a broader estate planning process.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Property and Your Deceased Estate
Residential and other immovable property can be one of the most valuable assets in an estate.
Your will may record who should inherit property or how your estate should be distributed. However, the administration of the estate must still address ownership, liabilities and the required transfer process.
Where property is subject to finance or the estate has other liabilities, the practical position may need to be assessed before the property can be transferred to an heir.
Disputes can also arise where several beneficiaries have different expectations regarding a family home or other valuable property.
Our wills and estates attorneys assist clients with planning for property in their wills and with property-related issues arising during deceased estate administration.
Trusts and Estate Planning
A trust may form part of an estate or family planning strategy in appropriate circumstances.
A trust is a separate legal arrangement in which assets are administered or controlled by trustees for beneficiaries or a specified purpose. Trusts also carry ongoing administrative and tax responsibilities. SARS continues to require trust tax compliance and reporting, while the Master’s Branch oversees trust registration and administration.
A trust should not be created simply because it sounds like a standard estate planning solution.
The purpose of the trust, the assets involved, the beneficiaries and the ongoing responsibilities of trustees should be properly considered.
Kamfer Attorneys assists clients with legal advice relating to family and estate planning structures where a trust may be relevant.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Deceased Estate Administration in Pretoria
After a person dies, their estate needs to be formally administered.
The estate includes the property and assets left by the deceased and must be administered according to the applicable legal process. A deceased estate is distributed under the valid will or, where there is no valid will, in accordance with intestate succession law.
The Department of Justice states that a deceased estate must generally be reported to the Master of the High Court within 14 days of death.
Administration can involve reporting the estate, dealing with the appointment of an executor or Master’s representative, identifying assets and liabilities and completing the steps required before the estate can be distributed.
Kamfer Attorneys assists families and executors with the legal administration of deceased estates.
Reporting a Deceased Estate to the Master
A deceased estate must be reported to the appropriate office of the Master of the High Court.
Where the deceased lived in South Africa, the Department of Justice states that the estate is reported to the Master with jurisdiction in the area where the deceased lived during the 12 months before death.
Reporting documents can include the death notice, death certificate, relevant marriage information, original wills and codicils, an inventory of assets and other documents depending on the circumstances of the estate.
The documents required can differ depending on the value and circumstances of the estate.
Our estates attorneys assist with preparing and submitting the relevant estate documentation and dealing with the administration process.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Letters of Executorship and Letters of Authority
The appointment process can differ depending on the value of the deceased estate.
Current Department of Justice guidance states that where the estate exceeds R250,000, letters of executorship must be issued and the full Administration of Estates Act process must be followed.
Where the estate is below R250,000, the Master may dispense with letters of executorship and issue letters of authority under section 18(3) of the Administration of Estates Act.
The person nominated in a will is not simply entitled to begin dealing with estate assets without the required authority.
At death, the deceased’s estate is effectively frozen and estate assets cannot generally be dealt with without the necessary authority from the Master.
Kamfer Attorneys assists with executor and representative appointments and the administration process that follows.
What Does an Executor Do?
An executor has significant responsibilities during the administration of a deceased estate.
The executor may need to identify estate assets, establish liabilities, deal with creditors and ensure that the administration process is properly completed.
Tax affairs may also need to be finalised. SARS identifies the executor as the representative taxpayer responsible for dealing with the deceased’s financial and tax affairs during the administration process.
The estate must ultimately be distributed in accordance with the valid will or the applicable intestate succession rules.
The exact process and requirements depend on the estate.
Kamfer Attorneys assists executors with understanding and carrying out the legal administration of deceased estates.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Assets and Liabilities in a Deceased Estate
Administering an estate requires a proper understanding of what the deceased owned and owed.
Assets may include property, bank accounts, investments, vehicles and business interests.
Liabilities and creditor claims also need to be considered.
The existence of a will does not mean that estate liabilities can simply be ignored and the assets immediately distributed to beneficiaries.
The estate administration process must address the financial position of the estate before distribution is finalised.
Our attorneys assist with identifying and dealing with the legal issues connected to estate assets, liabilities and beneficiaries.
Assets and Liabilities in a Deceased Estate
Administering an estate requires a proper understanding of what the deceased owned and owed.
Assets may include property, bank accounts, investments, vehicles and business interests.
Liabilities and creditor claims also need to be considered.
The existence of a will does not mean that estate liabilities can simply be ignored and the assets immediately distributed to beneficiaries.
The estate administration process must address the financial position of the estate before distribution is finalised.
Our attorneys assist with identifying and dealing with the legal issues connected to estate assets, liabilities and beneficiaries.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Deceased Estates With No Valid Will
The absence of a valid will can make the estate administration process more uncertain for family members.
Instead of following written instructions from the deceased, the estate must be distributed under intestate succession rules.
Where no executor was nominated in a valid will, nominations for the appointment of an executor or Master’s representative may also form part of the reporting process, depending on the estate.
Family members may have expectations about inheritance that do not match the legal distribution of the estate.
Kamfer Attorneys assists families with intestate deceased estates and the administration process where the deceased did not leave a valid will.
Problems With an Original Will
The original signed will can be extremely important after a person dies.
The Department of Justice advises that an original signed will should be stored safely and that family or heirs should know where it is kept. Its published guidance warns that a copy is not treated in the same way as an original valid will.
Difficulties can arise where relatives believe a will existed but cannot locate the original document.
Questions may also arise where different documents are found or where there are concerns regarding the execution of the will.
Our attorneys can assess will-related issues arising during the administration of an estate and advise on the appropriate legal process.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Disputes During Deceased Estate Administration
Deceased estates can become contentious where beneficiaries, family members or other interested parties disagree.
A dispute may involve the validity or interpretation of a will, the administration of the estate, property or competing claims concerning the deceased’s affairs.
Family conflict can make an already technical administration process more difficult.
The first step is to understand the legal basis of the dispute and the documentation connected to the estate.
Kamfer Attorneys assists with estate-related disputes and provides legal advice where disagreement affects the administration or distribution of a deceased estate.
How Kamfer Attorneys Assists With Wills and Estates
We assist clients who want to prepare a new will or review an existing will that may no longer reflect their circumstances.
Our attorneys consider the client’s assets, beneficiaries and relevant family circumstances when preparing estate documentation.
Where broader estate planning concerns arise, we assist with identifying the legal issues that should be considered.
After a person has died, we assist families, nominated executors and estate representatives with the deceased estate administration process.
This can include reporting the estate, preparing relevant documentation, dealing with appointment processes and assisting with the legal administration required before assets can be distributed.
We provide clear advice throughout the process and assist clients with understanding the steps affecting their particular estate.
be heard in the high court within 6 weeks from taking my case. Thank you so much to Ms Kamfer and team for the great experience during a stressful period. I would definitely recommend her if you have an individual who uses the law to continue to abuse you.
She acted in my best interest and removed a huge weight from my shoulders.
I am grateful and would highly recommend her to anyone who needs an attorney with insightful legal knowledge and expertise. Thank you Kamfer Attorneys for your amazing service!
Wills and Estates Lawyers Serving Pretoria and Surrounding Areas
Kamfer Attorneys provides wills, estate planning and deceased estate services to clients in Pretoria and surrounding areas.
We assist individuals preparing for the future, parents considering inheritances for minor children, business owners with estate planning concerns and families dealing with the death of a loved one.
Whether you need a professionally drafted will or assistance administering a deceased estate, our attorneys can assess your circumstances and advise on the appropriate legal process.
Speak to a Wills and Estates Lawyer in Pretoria
If you need assistance with a will, estate planning or the administration of a deceased estate, speak to Kamfer Attorneys.
Contact our wills and estates lawyers in Pretoria to arrange a consultation and obtain legal advice based on your circumstances.