WILLS & DECEASED ESTATES IN SOUTH AFRICA

Expert Guidance for Complex and High-Value Deceased Estates

At Bregman Moodley Attorneys, we specialize in the administration of high-net-worth estates. Since 1974, Roy Bregman has been providing sophisticated legal counsel to families in Johannesburg , expertly navigating the challenges of complex estates that involve significant asset valuations, business succession planning, and strategic solutions to minimize estate duty. Our deep experience ensures your family’s legacy is managed with the precision and care it deserves.

Administering a deceased estate involves important legal deadlines and complexities that can put assets at risk if not handled correctly.

Contact us today to ensure a smooth, timely process tailored to protect and honour your family’s unique circumstances.

Proven Expertise in High-Value Estate Administration

Our firm has a proven track record of successfully managing substantial and intricate estates. For example, we recently assisted a family in administering a multi-million-rand estate with diverse assets, including a large commercial property portfolio and significant private business interests. Our strategic legal approach not only ensured a seamless transfer of ownership to the heirs but also effectively minimized their estate duty exposure, preserving family wealth for the next generation.

You can hear directly from clients about their experiences working with us by viewing our video testimonials on our YouTube channel.

Experienced Johannesburg estate lawyers guiding you through wills and deceased estate administration with compassion and efficiency

Compassionate Estate Winding Up Services

Dealing with the estate of a loved one is never easy. The legal and administrative complexities, coupled with the emotional toll, can make this a daunting journey. At Bregman Moodley Attorneys, we provide expert, compassionate guidance through every step of the wills and deceased estate administration process in South Africa.

With over 50 years of hands-on experience, Roy Bregman and his dedicated team have helped countless families navigate the intricacies of estate law, ensuring that their loved ones’ legacies are honoured and their wishes respected.

Why Choose Bregman Moodley Attorneys?

Over 50 Years of Expertise

Since 1974, Roy Bregman has been a trusted name in South African estate law. His extensive knowledge and proven track record set us apart as leaders in the field of wills and deceased estates. Whether you need help drafting a will, appointing an executor, or administering an estate, you can rely on our experience and professionalism.

Compassionate, Personalised Support

We understand the sensitivity required when dealing with deceased estates. Our approach combines legal excellence with genuine empathy, providing you with not only expert advice but also emotional support during this difficult time.

Efficient and Effective Estate Administration

Our streamlined processes ensure that all legal and administrative aspects are handled efficiently. From submitting documents to the Master of the High Court to distributing assets according to the will or intestate succession laws, we work diligently to resolve estates promptly and in full compliance with South African law.

Tailored Legal Guidance

Every estate is unique. We offer personalised solutions, taking the time to understand your specific circumstances and needs. Our guidance covers everything from the initial reporting of the estate to the final distribution of assets, ensuring your peace of mind throughout.

Understanding the Estate Administration Process

Winding up a deceased estate in South Africa typically involves:

Reporting the Estate

Lodging the death notice and required documents with the Master of the High Court.

Appointment of Executor

The executor is appointed to manage the estate, either as nominated in the will or according to intestate succession if there is no will. Read here to understand the rights and responsibilities of an executor.

Gathering and Valuing Assets

Identifying, securing, and valuing all assets and liabilities of the deceased.

Settling Debts and Taxes

Paying outstanding debts, taxes, and administrative fees from the estate.

Distribution of Assets

Distributing the remaining assets to heirs and beneficiaries as per the will or intestate laws.

Finalising the Estate

Submitting a final liquidation and distribution account to the Master for approval and closing the estate.

Frequently Asked Questions About Wills & Deceased Estates

What is the process for winding up a deceased estate in South Africa?
The process includes reporting the estate, appointing an executor, collecting and valuing assets, settling debts and taxes, distributing assets, and finalising the estate with the Master of the High Court.

How long does estate administration take?
Depending on the complexity, it can take from several months to over a year.

What are the duties of an executor?
The executor manages the estate, pays debts, files tax returns, and distributes assets according to the will or law.

Can I draft my own will?
Yes, but it is highly recommended to consult a qualified estate attorney to ensure your will is valid and enforceable under South African law.

What happens if there is no will?
The estate is distributed according to the Intestate Succession Act, which may not reflect the deceased’s wishes.

Get Expert Help Today

Winding up a loved one’s estate is a significant responsibility. Let Roy Bregman guide you with compassion, efficiency, and legal expertise.

Contact Roy today to schedule a consultation or click the button below to complete our simple estate administration questionnaire. This will help streamline the process and ensure your loved one’s wishes are honoured.

Roy and his team, are here to lighten your load and support you every step of the way.

Please contact Roy Bregman for more information and assistance.

Frequently Asked Questions - Wills, Trusts, and Estate Distribution

A deceased estate arises when an individual passes away, leaving property or a will, or an intended will. The estate is then managed and distributed according to the deceased’s will or, in the absence of a valid will, in accordance with the Intestate Succession Act, Act 81 of 1989. The process for administering a deceased estate is governed by the Administration of Estates Act, 66 of 1965 (as amended).

Any death occurring within the Republic of South Africa that leaves property or a document intended as a will, as well as any death outside of South Africa that leaves property or such a document within South Africa, must be reported to the Master of the High Court.

If the deceased resided in South Africa, the estate should be reported to the Master of the High Court in the jurisdiction where the deceased lived before their death. For cases where the deceased did not reside in South Africa at the time of their death, the estate can be reported to any Master of the High Court, as long as it’s reported to only one Master. An affidavit confirming that no other Master has granted letters of executorship in South Africa must accompany the reporting documents.

Estates of deceased individuals must be reported to the Master of the High Court within 14 days of the date of death. Any family member or person in possession of the deceased’s property or will, or intended will, can report the death. The reporting is done by submitting a completed death notice and other necessary documents, available from the Master’s Office, Magistrate’s Office, or www.doj.gov.za.

The reporting requirements depend on the estate’s value and the type of appointment needed. If the estate’s value exceeds R250,000, letters of executorship must be issued, and the full procedure specified by the Administration of Estates Act must be followed. For estates with a value less than R250,000, the Master of the High Court may issue letters of authority in terms of Section 18(3) of the Administration of Estates Act, Act 66 of 1965. Magistrates’ Office service points have jurisdiction for cases without a valid will and where the gross estate value is less than R125,000, and letters of authority are used for administration.

The following documents are necessary:

Completed death notice (form J294)

Original or certified copy of the death certificate

Marriage certificate or proof of registration of a customary marriage, or religious marriage documentation

Original wills, codicils, or intended will documents

Next-of-kin affidavit if there is no valid will (form J192)

Completed inventory form (form J243)

Nominations by heirs for executor appointment in intestate cases

Completed acceptance of trust as executor forms (form J190)

Undertaking and bond of security (if applicable)

Affidavit if the deceased passed away before 2007, confirming no prior reporting to another Master.

What documents are required for estates with a value less than R250,000?


The following documents are needed:

Completed death notice (form J294)

Original or certified copy of the death certificate

Marriage certificate or proof of registration of a customary marriage, or religious marriage documentation

Original wills, codicils, or intended will documents

Next-of-kin affidavit if there is no valid will (form J192)

Completed inventory form (form J243)

List of deceased’s creditors (if applicable)

Nominations by heirs for the appointment of a Master’s representative in intestate cases or where the nominated executor declines.

Undertaking and acceptance of Master’s directions (form J155)

Declaration confirming no prior reporting to another Master’s Office or service point of the Master, for cases where the deceased passed away before 2007.

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Winding up a deceased estate Winding up a deceased estate involves several important steps. First, you report the estate to the Master of the High

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