Secure Your Legacy

Yes. Even a modest estate can cause delays and family tension without a will. The Intestate Succession Act dictates distribution, which may not match your wishes. A simple will ensures your assets go where you intend and spares your family extra paperwork and costs.

An executor administers your estate after death — paying debts, filing taxes, and distributing assets. A trustee manages a trust, either during your life or after, following the trust deed. Many estates use both roles, especially when minor children or ongoing asset management is involved.

It typically takes 6 to 12 months for a straightforward estate. Complex estates with multiple properties, business interests, or disputes can take 18 months or longer. The Master of the High Court must approve the executor and final accounts, which adds to the timeline.

South African law does not force you to leave assets to a child, but a disinherited child may challenge the will on grounds of undue influence or lack of capacity. To reduce risk, clearly state your reasons and consider getting independent legal advice when drafting the will.

Retirement funds (pension, provident, RAF) do not form part of your estate. They are paid directly to your nominated beneficiaries. If no nomination exists, the fund trustees decide based on dependency. Keep your beneficiary nomination up to date to ensure your wishes are followed.

No. Assets left to a surviving spouse are exempt from estate duty under Section 4(q) of the Estate Duty Act. This applies to married couples, including those in civil unions. Duty may apply when the surviving spouse later passes away, depending on the total estate value.