Wills and estate planning services.

Yes. Without a valid will, your estate is distributed according to intestate succession laws, which may not reflect your wishes. A will gives you control over who inherits your assets, who cares for your children, and how your estate is managed. Even young people with modest assets benefit from having a valid will.

A valid will must: (1) be in writing, (2) be signed by the testator (person making the will), (3) have 2 competent witnesses present during signing, (4) show clear intention to create a will, and (5) properly identify beneficiaries and assets. Without these formalities, a will can be challenged. A legal professional can help ensure all requirements are met.

Probate is the court process of proving a will is valid and giving the executor authority to administer the estate. You need probate to: (1) get authority to access the deceased’s bank accounts and assets, (2) sell property, (3) collect insurance proceeds, and (4) settle estate debts. Most estates with significant assets require probate.

Estate administration typically takes 12–24 months depending on: (1) estate complexity, (2) asset types (property, shares, retirement funds), (3) tax obligations, (4) debts and creditor claims, and (5) beneficiary cooperation. Simple estates may close faster, while estates with disputes can take much longer.

Yes, if you can prove: (1) the will was improperly executed, (2) the testator lacked mental capacity, (3) the testator was unduly influenced, or (4) the will was fraudulent. You can also claim maintenance from the estate if you were dependent on the deceased. A legal professional can advise on the strength of a will challenge and the best approach.

Estate duty (inheritance tax) is payable on net estates over R3.5 million, at 20% on the taxable amount. You can reduce estate duty through: (1) life insurance, (2) gifts during your lifetime, (3) trusts, (4) business succession planning, and (5) spousal transfers. A legal and tax advisor can help plan strategies to reduce the burden on your heirs.

An executor must: (1) locate and secure estate assets, (2) notify beneficiaries and creditors, (3) apply for probate, (4) manage assets during administration, (5) settle debts and taxes, (6) keep detailed accounts, and (7) distribute assets to beneficiaries. Executors face legal liability for failures, so guidance through these duties matters.

Without a will, intestate succession laws determine inheritance. Generally: a spouse gets a share, children inherit equally, parents inherit if there is no spouse or children, and siblings or other relatives inherit in order of priority. This may not match your wishes, and many people are excluded entirely. A will ensures your chosen beneficiaries inherit as you intend.