Wills and Deceased Estates

When a person dies leaving property or a will, a deceased estate comes into existence. In our law, a deceased estate must either be administered and distributed in terms of the deceased person’s will, if it is found to be valid.

The administration of a deceased estate primarily involves the interpretation of a will and other legal issues arising out of a person’s death. This involves the determination, validation and valuation of assets and liabilities including maintenance and estate duty, the winding up of a person’s affairs, the resolution of disputes and claims of creditors and the family, and the determination and distribution of the remaining assets to beneficiaries.

Death and taxes are inevitable. A properly drafted will caters for both. We assist with the drafting of wills to ensure that the testator’s wishes are implemented, providing financial benefits and the maximisation of the permitted deductions. Estate planning is usually embarked upon in conjunction with tax planning to structure an individual’s affairs or when a person formulates a will. We can devise structures that concentrate on asset protection and estate duty minimisation.

We also advise clients on the creation of trusts. Trusts can be created as part of an asset protection and/or estate duty savings plan or in terms of a person’s will, to protect the interests of beneficiaries including those who are minors or incapacitated.