You work studiously through your life in amassing an estate.
After one’s demise this becomes a deceased estate, one’s legacy if you will, and is left to those you love and hold dear, through the drafting of a valid will.
A deceased estate is managed and disposed of in accordance with the content of one’s will, this in conjunction with the laws of succession and intestate succession.
One’s wishes are thus carried out in terms of a validly drafted will, and the deceased estate is wound up accordingly. Our attorneys can draft your will professionally and in accordance with your wishes.
Our attorneys can also wind up a deceased estate as your duly appointed executor, or as the nominated agent to assist the duly appointed executor.
We specialise in providing expert services in the administration of deceased estates.
Drafting of Wills & Living wills
A will is a legal document which specifies who receives your assets upon your demise. A valid will is one that conforms to certain legal requirements, being that it must be in writing, must be signed by the testator/testatrix at the end of the will and signed in the presence of two or more competent witnesses.
A living will is a written statement detailing a person’s desires regarding future medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive.
These should be updated or amended as circumstances change. Good examples being, after marriage or the subsequent birth of children; after divorce or the demise of a spouse; after starting a business.
An important consideration regarding children is the creation of a testamentary trust. This makes provision for the children’s living expenses and the management of their assets as inherited, among other considerations like guardianship.
Our basic fee structure, inclusive of consultation is as follows:
Basic Will R2400
Basic Living will R1850
Combo R3200
Terms and conditions apply
Winding up Deceased Estates
A deceased estate comprises the sum total of one’s net worth at death, being of all one’s property, legal rights and interests, less all liabilities.
An appointed executor is responsible for the entire process beginning with the reporting of the deceased estate to the Master of the Court, creating an inventory, acquiring Letters of Executorship, opening a bank account for the deceased estate, settling with creditors and collecting debts; sale of the estate assets and distributing of assets in accordance with the will; advertising in the relevant publications; Drafting and submitting the Liquidation and Distribution account to the Master; Obtaining the Masters approval; Calculation of estate duty; closing of the accounts; discharging of executorship.
Our attorneys provide a professional service as your executor or executors agent in finalising your deceased estate.
We provide your loved ones with the peace of mind that your estate will be wound up in the most proficient manner possible, with the due care and attention for which you have planned.
Executors’ fees are capped at 3.5% on the value of the estate.
WHERE TO FIND US
Cape Town
