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If you have recently lost a loved one and are waiting for their estate to be finalised, you are probably asking one question repeatedly: how long is this going to take? The honest answer is that winding up a deceased estate in South Africa takes between 12 and 24 months in most cases — and...
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Can You Contest a Will in South Africa? A will is the clearest expression of a person’s final wishes. But what happens when family members believe the will does not reflect what the deceased truly intended — or that the document itself is flawed or fraudulent? The short answer is yes: a will can be...
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The Liquidation and Distribution Account — often referred to simply as the “L&D account” — is one of the most important documents in the administration of a deceased estate in South Africa. It is the formal accounting of everything the executor has done: every asset collected, every debt settled, every cost paid, and every rand...
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When it comes to planning your estate in South Africa, you have two primary legal instruments at your disposal: a will and a trust. Both allow you to direct what happens to your assets when you die (or during your lifetime). Both have legitimate and important roles in estate planning. But they are not interchangeable,...
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Ask most South Africans how much it costs to buy a property and they will quote you the purchase price. Ask them about transfer duty versus transfer costs and you may get a blank look — even from people who have bought property before. These are two very different things, and confusing them can leave...
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Most South Africans know that a marriage contract determines how assets are shared between spouses during the marriage. What fewer people realise is that your marriage contract also has profound implications for what happens to your estate when you die. Understanding the connection between your matrimonial property regime and your estate planning is not optional...
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When someone passes away, a common question among families is whether the person named as executor in the will can also benefit from the estate. Often the deceased has nominated a spouse, adult child, or close friend — someone who naturally stands to inherit — as executor. So, is it legally allowed? And if so,...
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Most South Africans who have a will drafted it once — perhaps when they bought their first home or had their first child — and have never looked at it since. If that sounds familiar, your will may no longer reflect your life, your wishes, or the people you want to protect. Or, you never...
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For many South Africans, a retirement annuity, pension fund, or provident fund represents one of the most significant assets they have built over a lifetime of work. So it makes sense to ask: what actually happens to that money when you die? The answer surprises most people — and it has significant consequences for how...
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When someone passes away and leaves behind assets worth more than R250 000 that need to be managed — property, bank accounts, investments, a business (an estate) someone needs to receive legal authority to deal with those assets on behalf of the estate. That authority comes in the form of a document called the Letters...
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