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Wills & Estates attorneys in South Africa

Find a wills and estates attorney in South Africa: drafting a valid will, executors, testamentary trusts, guardians, estate planning and dying without a will.

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Mukwani Attorneys

Mukwani Attorneys

Rosebank, Johannesburg, Gauteng Experience not supplied

Mukwani Attorneys is a Johannesburg-based law firm committed to providing professional, personalised and effective legal solutions. We assist individuals and businesses across a range of legal matters, including family law, divorce, criminal law, litigation, commercial law, labour law, property law and estates. Our approach is built on honesty, integrity, quality and excellence, with a focus on understanding each client's unique needs and providing practical legal guidance.

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Plain-language guide

What a wills and estates attorney does.

A wills and estates attorney plans what happens to what you own: drafting a valid will, nominating an executor and guardians, setting up testamentary or living trusts for children and dependants, advising on estate duty, capital gains tax and liquidity, safekeeping the original will, and administering the estate when the time comes. They also act when a will is disputed or a beneficiary is left out.

When you need one

  • You do not have a will, or your will is older than your current marriage, children or assets.
  • You have minor children and want to decide who cares for them and how their inheritance is protected.
  • You own a business, property in more than one country or assets in a trust.
  • A family member has died and the will is unclear, contested or cannot be found.

How fees usually work

Many attorneys draft a simple will for a modest fixed fee, or free of charge if they are nominated as executor, in which case the executor fee applies later at up to 3.5% of the gross estate plus VAT. Estate planning with trusts is quoted separately. Ask whether nominating the attorney as executor is a condition, and whether the fee can be agreed now.

Questions to ask before you instruct

  • What happens to my estate under my current will, or without one?
  • Should I set up a trust for my children, and what will it cost to run?
  • Will the estate have enough cash for estate duty, executor fees and debts without selling the house?
  • Where will the original will be kept and who will know it exists?

General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Wills and estates attorney questions

What makes a will valid in South Africa?

Under the Wills Act the testator must be 16 or older, and the will must be in writing and signed by the testator at the end and on every page in the presence of two competent witnesses aged 14 or older, who sign in the presence of the testator and each other. A beneficiary or their spouse who witnesses the will generally forfeits the inheritance. A court can condone a document that fails these formalities only in limited cases.

What happens if I die without a will?

The Intestate Succession Act decides. A surviving spouse and children share the estate, the spouse receiving a child share or a set amount, whichever is greater, and everything if there are no children. Without a spouse or children the estate passes to parents, then siblings, then more distant relatives. The Master appoints an executor, minors inheritances may go to the Guardian Fund, and you have no say over guardians or who is excluded.

Who should I nominate as executor?

Someone able and willing to do the administration or to appoint an attorney to do it for them. Family members are often appointed as executor and then instruct an attorney as their agent, which keeps the family in control while the professional does the work. The executor fee is negotiable before the appointment, so agree it in writing.

For the practitioners listed here

Software built for deceased estate practices.

The Administration of Estates Act chain worked out from the events you record, estate money in trust, and fee notes at each stage.