Wills & Estate Planning
A will only protects the people you love if it's worded correctly, signed correctly, and witnessed correctly. We draft it, an admitted attorney verifies it, and you get one fixed fee, agreed before we start.
Why this matters
Die without a valid will in South Africa and the Intestate Succession Act takes over, a fixed formula that has no idea who you actually wanted to look after.
A cautionary example: South African courts have refused to accept documents as wills even when the intent seemed obvious, including an email headed "this is my final will," because it was never signed. Good intentions don't hold up in the Master's office. Correct execution does.
What makes it valid
South African law is strict about how a will is signed. Miss one of these and the whole document can be set aside.
1
Anyone can make a will from age 16, provided they understand what they own and who has a claim on it.
2
No verbal wills, no voice notes, no "final version" saved but never signed.
3
They watch you sign, then sign it themselves, together, not one after the other.
4
A witness (or their spouse) who's also a beneficiary can lose that inheritance, so we make sure yours are independent.
5
To make sure nothing can be added, removed or swapped later.
6
Before it's signed, so there's no gap between what you intended and what's on the page.
What happens next
Knowing the process, and its timeline, is half of planning for it. Here's what your family and executor will go through.
1
Your executor reports your death, and your will, if you have one, to the Master of the High Court. From this point, your bank accounts are frozen and no one can touch your assets without permission.
Within 14 days
2
For estates over R250,000, the Master issues formal Letters of Executorship. Smaller estates go through a faster, simplified process.
2-8 weeks
3
Your executor values what you own, advertises for creditors, settles debts, files your final tax return, and pays any estate duty and capital gains tax due.
A few months
4
Once the Master approves the final account, your assets transfer into the names of the people you chose, and your executor is discharged.
6-12 months total, typically
Full transparency
These come out of your estate before your family sees a cent of it, which is exactly why a plan pays for itself.
| Cost | What it's for | Typical amount |
|---|---|---|
| Executor's fee | Winding up your estate | Up to 3.5% of everything you own, plus 6% of any income the estate earns while it's being wound up |
| Estate duty | South Africa's inheritance tax | 20% on the dutiable value over R3.5 million (25% above R30 million), nothing due below that |
| Capital gains tax | Growth in your assets since you bought them | Calculated as if everything was sold on the day you died, with some exclusions |
| Transfer duty | Moving property into an heir's name | None, inherited property is exempt |
Figures current as at the 2026 Budget. Every estate is different, we'll walk you through what applies to yours.
Beyond the will
The right structure now can keep your family from having to sell the house, the business, or the farm just to cover tax.
Move growing assets, a business, a property portfolio, out of your personal estate now, so the growth isn't taxed again when you die.
A policy paid to the right person, or owned by the right trust, can fund your estate's tax bill without forcing a fire sale of the family home.
A buy-and-sell agreement means your business partners can buy out your share immediately, instead of your family being stuck with a shareholding they can't use.
You can give up to R150,000 a year, tax-free. Done consistently, it quietly reduces what your estate owes later.
Name who raises your children if the unthinkable happens, in writing, so it's never left to a family meeting.
Marriage, divorce, a new child, a new business, we flag when it's time to look at your will again, not just when you remember to ask.
Why lawvero
We built lawvero because too many wills fail for reasons that have nothing to do with what you wanted, and everything to do with how it was put together.
01
Agreed upfront. No hourly billing, no surprise invoice when your family needs it most.
02
Every will is checked by an admitted attorney before you sign.
03
You'll understand every clause. If you don't, we haven't finished explaining it.
04
Correctly executed from day one, so it isn't the thing standing between your family and what you left them.
Common questions
Yes, a will isn't only about how much you own, it's about who decides what happens to it. Even a modest estate can end up frozen for months, or split in ways you'd never have chosen, without one.
You can draft a will yourself, the risk is entirely in the execution. The formalities (signatures, witnesses, initialling) are strict, and South African courts have repeatedly refused documents that got even one small step wrong. We make sure that never happens to yours.
Your estate is distributed under the Intestate Succession Act, using a fixed formula between your spouse and children, regardless of your actual relationships, an unmarried partner, stepchildren, or anyone else you'd have wanted to provide for.
After any major life event, marriage, divorce, a new child, buying a business, or a significant change in what you own, and as a habit, every two to three years even if nothing's changed.
A properly executed will, drafted with clear intentions and no ambiguity, is far harder to challenge successfully. Most disputes we see trace back to poor drafting or incorrect execution, exactly what we're built to prevent.
A will only takes effect when you die and is administered once, by an executor. A trust can operate during your lifetime and beyond, holding assets under a trustee's ongoing management, useful for minor children, business continuity, or reducing what falls into your estate later. Many of our clients use both.
This page is for general information and does not constitute legal or tax advice. Rates, thresholds and abatements referenced above (including estate duty, capital gains tax and donations tax figures) reflect South African law as at the 2026 Budget and are subject to change, speak to us about how they apply to your estate.
Fifteen minutes with us tells you exactly what you need, and one fixed fee gets it done properly.
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