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estate planning
13
Aug

Why Your Primary Residence Should Usually Stay Out of Your Trust

August 13, 2026,
One of the most common conversations in South African estate planning goes something like this. A client decides to set up an inter vivos trust, lists all the assets they want to transfer into it, and includes the family home almost as an afterthought. It is their most valuable asset. Surely it belongs in the...
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06
Aug

What Is a Trust Deed and What Should It Contain?

August 6, 2026,
When most South Africans think about setting up a trust, the conversation quickly turns to tax savings, asset protection, and estate duty planning. What receives far less attention, and deserves far more, is the document that makes the trust legally possible in the first place: the trust deed. A trust deed is not a formality....
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09
Jul

What Truly Happens When a Deceased Estate Has More Liabilities Than Assets in South Africa?

July 9, 2026,
Discovering that a loved one’s deceased estate has more debt than assets is a deeply unsettling experience. It raises an immediate and frightening question: does the family have to pay? And if not, what actually happens to the estate, and to the creditors who are owed money? South African law is clear on this point,...
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30
Jun

What Happens If You Die Without a Will in South Africa?

June 30, 2026,
If you die without a valid will in South Africa, your estate is distributed according to the Intestate Succession Act — not your personal wishes. This article explains how intestate succession works, who inherits when there’s no will, and why working with Executor Law ensures your estate is managed correctly and your loved ones are...
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21
May

How Long Does It Take to Wind Up an Estate in South Africa?

May 21, 2026,
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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14
May

What Is a Liquidation and Distribution Account in a Deceased Estate?

May 14, 2026,
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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05
May

How Your Marriage Contract Affects Your Estate

May 5, 2026,
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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28
Apr

How to Update Your Will in South Africa

April 28, 2026,
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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23
Apr

What Happens to Your Retirement Fund When You Die?

April 23, 2026,
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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20
Apr

Antenuptial vs Postnuptial Contracts: Comparison

April 20, 2026,
If you’re getting married in South Africa, your marriage will automatically fall under the “community of property” system unless you take legal steps to opt out. This means your assets and debts will be combined with your spouse’s. To avoid this, you can choose between an antenuptial contract (ANC), signed before marriage, or a postnuptial...
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