Estates & wills
Administration of deceased estates and wills in South Africa
Reporting an estate to the Master, obtaining letters of executorship, drafting the liquidation and distribution account, and drafting wills that remove doubt.
The death of a family member sets off a legal process that has to run whether or not the family is ready for it. An estate must be reported to the Master of the High Court, an executor appointed, creditors notified, assets realised and an account approved before anything can be distributed.
We guide families, beneficiaries and appointed executors through that process, and we draft the wills that make it as simple as it can be.
Reporting and liquidation
Reporting deceased estates — preparing and submitting the required documentation to the relevant Master of the High Court office to report the estate formally and obtain letters of executorship.
Liquidation of estates (testate and intestate) — managing the full process of liquidating and distributing assets, whether the deceased left a valid will or died intestate, in accordance with the applicable law of succession.
Estate management and accounting
Executing executor’s duties — we can be appointed as executor of the estate, taking responsibility for administering the affairs, paying creditors, collecting debts and transferring assets to the heirs.
Agent to the appointed executor — alternatively, we act as advisers and agents to an executor appointed by the family, supporting them so that the duties are discharged correctly.
Advertisement of deceased estates — placing the statutory advertisements in the Government Gazette and local newspapers as required by section 29 of the Administration of Estates Act, giving creditors notice to lodge claims.
Drafting liquidation and distribution accounts — preparing the liquidation and distribution (L&D) account for submission to the Master for examination and approval, detailing how every asset and liability is dealt with.
Wills and estate planning
Drafting testamentary wills — professionally drafting and reviewing wills so that the testator’s wishes are legally sound, clearly expressed and as difficult to dispute as possible.
Interpretation of wills — assisting executors and beneficiaries with the legal interpretation of complex or ambiguous clauses in a will.
Why choose us for estate administration
Administering an estate is intricate and, done badly, is slow and expensive. Our role is to take the procedural burden off the family, keep the file compliant with the Master’s requirements, and explain each stage in plain language during a difficult time.
Answers
Frequently asked questions
Who must report an estate to the Master?
Any person who has control of documents or property of the deceased must report the estate within 14 days of death, in terms of the Administration of Estates Act. In practice this work is done by the executor’s attorneys. We handle the reporting and the appointment of the executor.
What is the difference between testate and intestate succession?
A person who dies leaving a valid will dies testate, and the will governs distribution, subject to statutory claims such as maintenance. A person who dies without a valid will dies intestate, and the Intestate Succession Act determines who inherits and in what shares, regardless of what the family may have assumed.
Do I need a will if I am married?
Yes. Married or not, dying without a will hands the distribution of your estate to a statutory formula rather than to you, and it can leave your spouse and children facing a process you would not have chosen. A properly drafted will also addresses guardianship of minor children and the composition of the estate, which the Act does not.
How long does it take to wind up an estate?
It varies with the complexity of the estate and the workload of the Master’s office. An estate that must be advertised, realise property and file an L&D account is measured in months rather than weeks. Where a property forms part of the estate, the transfer is run by our conveyancing department, which usually removes a waiting point.
Next step
Tell us what is happening and we will tell you what it takes
A first conversation costs you nothing and usually clarifies more than a page of general information. Consultations are available in Northriding, Johannesburg and in Pretoria Central.
- Phone — 087 265 1059
- WhatsApp the owner — +27 71 392 3771
- Email — info@ombaloyi.co.za
- Start an enquiry