TAKING THE STING OUT OF LEGAL PROBLEMS SINCE 1974.
Admitted 1974 · 52 Years in Practice
Your Will. Your Legacy.
One Of South Africa’s most experienced wills and deceased estates practice. Roy Bregman and his team have guided thousands of families through the most difficult legal terrain with clarity, compassion, and unmatched expertise.
52+
1974
100s
Estates finalised
3.5%
- Admitted Attorneys — Johannesburg Bar
- Master of the High Court — Compliant Practice
- Johannesburg & Sandton — Available Nationwide
- info@bmalaw.co.za · +27 (0)11 646-0335
Deceased Estate Attorneys in Johannesburg
Dealing with the death of a family member is never easy. Alongside the emotional impact, families are often faced with unfamiliar legal processes, financial responsibilities, and important decisions regarding the deceased’s assets and liabilities.
Bregman Moodley Attorneys’ experienced deceased estate attorneys assist individuals, families, beneficiaries, and executors with the legal administration of deceased estates. We provide practical guidance throughout the process, from reporting the estate to the Master of the High Court to settling liabilities and distributing assets to the rightful heirs.
We also help clients prepare valid wills that clearly record their wishes and reduce the risk of uncertainty or conflict after their death.
Wills and Deceased Estates in South Africa
A deceased estate consists of the assets and liabilities that a person leaves behind when they die. Assets may include property, vehicles, investments, bank accounts, business interests, household possessions, and money owed to the deceased. Liabilities may include home loans, credit agreements, taxes, medical expenses, and other outstanding debts.
The administration of wills and deceased estates in South Africa is governed by legislation, including the Administration of Estates Act, the Wills Act, and the Intestate Succession Act.
Once a person dies, their estate must be reported to the appropriate office of the Master of the High Court. The estate must then be administered according to the deceased’s valid will or, where there is no valid will, according to South Africa’s intestate succession laws.
Our deceased estate attorneys can guide you through every stage of this process and help ensure that the estate is administered correctly, efficiently, and in accordance with the law.
Who We Help
For Every South African
Simple, Affordable Wills & Estates
Planning for the future is one of the most important legal steps a person can take. A properly prepared will can protect your family, clarify your wishes, and make the administration of your estate considerably easier.
Our deceased estate attorneys assist clients with wills, trusts, estate planning, and deceased estate administration, helping individuals and families manage sensitive legal processes with care, clarity, and efficiency.
Our estate-related services include:
- A professionally drafted will from R3,000.
- A plain-language explanation of your estate-planning options.
- Advice on intestate succession when no valid will exists.
- Assistance nominating a suitable executor.
- Clear, upfront guidance on executor fees and potential estate administration costs
- Advice on trusts and provisions for minor children or dependants.
- Reviews and updates of existing wills.
- Assistance with reporting and administering deceased estates.
- A potentially simplified administration process for qualifying estates valued at R250,000 or less, subject to the requirements and directions of the Master of the High Court.
For High-Net-Worth Individuals & Families
Complex Estate & Succession Planning
Multi-million-rand estates demand specialist knowledge, detailed planning, and a carefully coordinated legal strategy. Bregman Moodley Attorneys has administered some of Johannesburg’s most complex deceased estates, including estates involving commercial property portfolios, private companies, investment structures, and substantial family wealth.
Our experienced team advises high-net-worth individuals, families, business owners, and executors on sophisticated wills and deceased estates in South Africa.
Our complex estate and succession-planning services include:
- Bespoke wills incorporating discretionary and testamentary trust structures.
- Lawful estate duty minimisation and tax-efficient succession strategies.
- Business succession planning.
- Buy-and-sell agreements for shareholders, partners, and business owners.
- Planning for privately owned companies and family businesses.
- Cross-border and offshore estate planning.
- Coordination of South African and foreign assets.
- The creation, administration, management, and restructuring of family trusts.
- Planning for the transfer of commercial and residential property portfolios.
- Protection and succession planning for vulnerable or financially dependent beneficiaries.
- Negotiable executor-fee arrangements for complex estates, discussed clearly and agreed upon where appropriate.
- Administration of estates involving trusts, companies, investments, and multiple classes of beneficiaries.
For Every South African
Drafting a Legally Valid Will
A will is one of the most important documents you can prepare. It allows you to decide how your assets should be distributed, nominate an executor, make provision for your dependants, and record other important wishes.
Without a valid will, your estate will be distributed according to the Intestate Succession Act. This may result in assets being divided differently from how you intended.
A professionally drafted will can help you:
- Identify the people or organisations that should inherit from your estate.
- Nominate an executor to administer your estate.
- Make suitable arrangements for minor children and other dependants.
- Create testamentary trusts where appropriate.
- Deal with business interests, investments, and immovable property.
- Provide for specific gifts or cash bequests.
- Reduce uncertainty among family members.
- Limit the likelihood of disputes between beneficiaries.
- Ensure that your wishes are recorded clearly and legally.
South African law prescribes specific requirements for signing and witnessing a will. Failure to comply with these requirements may result in a will being declared invalid or may require a court application before the document can be accepted.
Our deceased estate attorneys can draft a clear, practical, and legally compliant will that reflects your personal circumstances and estate-planning objectives.
For Every South African
Reviewing and Updating Your Will
Preparing a will should not be treated as a once-off exercise. Your personal, financial, and family circumstances may change over time, which means that an older will may no longer reflect your wishes.
- Getting married or divorced.
- Entering into or ending a permanent relationship.
- Having or adopting a child.
- The birth of a grandchild.
- The death of a beneficiary or nominated executor.
- Purchasing or selling property.
- Starting, buying, or selling a business.
- Acquiring significant investments or other assets.
- Moving to or from South Africa.
- A substantial change in your financial position.
- Changes to tax, succession, or estate administration laws.
Our deceased estate attorneys can review an existing will, identify potential difficulties, and prepare an updated document where necessary. We can also advise you on properly revoking earlier wills to avoid confusion between different versions.
What to Expect
How we wind up a deceased estate in South Africa
Administration and Winding Up of Deceased Estates
The winding up of a deceased estate involves identifying and collecting the deceased’s assets, determining the estate’s liabilities, paying valid claims, addressing tax obligations, and distributing the remaining estate to the beneficiaries.
Although every estate is different, this is how our team handles every step so your family can focus on what matters.
Reporting the Estate to the Master
A deceased estate must be reported to the Master of the High Court with jurisdiction over the area where the deceased ordinarily lived. This should generally be done within 14 days of the date of death. Our deceased estate attorneys prepare and submit the required documentation, which may include the death notice, death certificate, certified identity documents, original will and codicils, marriage documents, next-of-kin affidavit, inventory of assets, and executor nomination documents.
Letters of Executorship or Letters of Authority
Once the estate has been reported and the relevant requirements have been met, the Master appoints the person who will administer the estate. For estates valued at more than R250,000, the Master generally issues Letters of Executorship, and the full estate administration process must be followed. For qualifying estates valued at less than R250,000, the Master may issue Letters of Authority and appoint a Master’s representative through a simplified process.
Notification of Creditors
Once the executor has been formally appointed, a statutory notice is published in the Government Gazette and an appropriate local newspaper. This notice invites creditors to submit valid claims against the deceased estate within the prescribed period, which is generally no less than 30 days. Our deceased estate attorneys receive, review, and assess claims before valid debts are paid from the estate.
Liquidation and Distribution Account
We prepare the liquidation and distribution account, commonly known as the L&D Account. This is a detailed record of the estate’s assets, liabilities, administration expenses, taxes, and proposed distribution to heirs and beneficiaries. The account explains how the deceased estate will be distributed in accordance with the valid will. Where no valid will exists, distribution takes place according to South Africa’s intestate succession laws.
Master’s Examination and Approval
The completed L&D Account is submitted to the Master of the High Court for examination. The Master may request further information, supporting documents, amendments, or clarification before approving the account for advertising. Once the Master’s requirements have been met, a notice is published stating where the account will be available for public inspection. The account generally lies open for inspection for 21 days, during which interested parties may submit objections.
Before assets can be distributed, the executor must settle valid debts, administration expenses, tax obligations, and other approved liabilities. The necessary SARS processes are completed, and any outstanding tax matters or estate duty obligations are addressed. The remaining assets are then distributed to the beneficiaries according to the approved L&D Account.
What Happens When There Is No Valid Will?
A person who dies without leaving a valid will is said to have died intestate.
In these circumstances, the estate is distributed according to the Intestate Succession Act rather than according to informal family arrangements or verbal promises made by the deceased.
The identity of the heirs and the portion each person inherits will depend on the deceased’s family circumstances. Relevant considerations may include whether the deceased left:
- A surviving spouse.
- Children or other descendants.
- Parents.
- Siblings.
- Descendants of deceased siblings.
- Other blood relatives.
Intestate estates can become complicated where family relationships are disputed, customary marriages are involved, potential heirs cannot be located, or there is uncertainty regarding the deceased’s dependants.
Our deceased estate attorneys can explain how intestate succession applies and assist families with the documents and procedures required to administer the estate.
Why Choose Bregman Moodley Attorneys?
52 years means fewer surprises for your family
he administration of an estate requires careful attention to detail, reliable communication, and a practical understanding of South African succession law.
Roy Bregman is not a generalist who occasionally drafts wills. Wills and deceased estates are the core of his 52-year practice, and it shows in the depth of knowledge and the efficiency with which we resolve estates that would stall elsewhere.
We assist clients with both estate planning and the administration of wills and deceased estates in South Africa. Bregman Moodley Attorneys understands that clients may be dealing with grief, family pressure, financial uncertainty, and unfamiliar legal terminology.
- Unmatched experience. Admitted as an attorney in 1974, — Roy has more experience in estate law than many firms have been in existence. This extensive knowledge allows our deceased estate attorneys to provide informed, practical guidance throughout the estate administration process.
- Negotiable executor’s fees. Unlike many banks and large financial institutions, we discuss executor fee arrangements openly with our clients. Although the prescribed maximum executor’s fee is generally 3.5% of the gross value of estate assets, excluding VAT, we work with you to agree on an appropriate fee arrangement where possible.
- Compassionate service. We understand that matters involving wills and deceased estates in South Africa often arise during one of the most difficult periods in a family’s life. We are known for our empathy, personal attention, and understanding, as well as our legal expertise.
- Complex estates are our speciality. Our deceased estate attorneys have experience administering multi-million-rand estates involving property portfolios, private business interests, investments, trusts, and offshore assets. We approach every complex estate with careful planning and attention to detail.
- Transparent communication. You will receive clear updates on the progress of the estate and the steps still required. We explain delays, costs, and legal requirements in plain language so that executors and beneficiaries remain informed throughout the administration of the estate.
Transparent Fee Structure
Executor fees in South Africa are set by the Administration of Estates Act but negotiation is always possible, and we will always have that conversation with you upfront.
- 3.5% of gross estate value (statutory maximum)
- 6% of income collected after date of death
- Always negotiable for large or complex estates
Unlike banks and trust companies that lock in the full tariff, we agree on a fair fee before we begin.
3.5%
of Gross Estate Value
(statutory maximum)
6%
of Income Collected
After Date of Death
Always
Negotiable for Large
or Complex Estates
Unlike banks and trust companies who lock in the full tariff, we agree on a fair fee before we begin. Call us on +27 (0)11 646-0335 to discuss.
Frequently Asked Questions About Wills and Deceased Estates in South Africa
Answers to South Africa's most searched estate questions
52 years of client questions has taught us exactly what people need to know. If you don’t find your answer here, call us directly.
Do I need a will if I'm married in community of property?
Yes. Even in a community of property marriage, your half of the joint estate must be distributed according to your wishes. Without a will, the Intestate Succession Act determines who inherits and this may not align with what you want, especially if you have children from a prior relationship.
What happens if someone dies without a will in South Africa?
The estate is administered under the Intestate Succession Act 81 of 1987. Assets are distributed to the surviving spouse and children according to a formula which may not reflect the deceased’s actual wishes. The surviving spouse receives R250,000 or a child’s share (whichever is greater). This is why a valid, professionally drafted will is so important.
Within how many days must a deceased estate be reported?
A deceased estate 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 can report the death. We can assist with this immediately and handle all documentation on your behalf.
What is estate duty and who pays it?
Estate duty is a tax levied on dutiable estates in South Africa. The current threshold is R3.5 million estates below this pay no estate duty. Proper estate planning (including the use of trusts and the correct will structure) can significantly reduce estate duty exposure for high-net-worth individuals. Roy Bregman works with specialist estate planners to implement these strategies.
How long does it take to wind up a deceased estate in South Africa?
A straightforward estate typically takes 9–15 months. Complex estates with property, business interests, or disputed wills can take 18–24 months or longer. The statutory advertising periods alone account for several months. We manage the process proactively to avoid unnecessary delays at the Master’s office.
Can I appoint the bank as executor — is that a good idea?
Banks often offer free will drafting in exchange for being named executor then charge the full 3.5% tariff when administering the estate. For smaller estates, they may even decline the appointment entirely. Using an experienced attorney-executor like Roy Bregman often results in a better outcome: faster, more personal, and with a negotiable fee.
What is a Liquidation and Distribution Account?
It is a detailed account prepared by the executor that sets out the estate’s assets, liabilities, income, and proposed distribution to heirs. It must be submitted to the Master within 6 months of the Letters of Executorship being issued, then advertised for 21 days. If no objections are received, the Master approves distribution to beneficiaries.
Can a will be contested in South Africa?
Yes. Wills can be challenged on the grounds of testamentary incapacity, undue influence, fraud, or technical invalidity. This is why having a will professionally drafted with proper witnessing and attestation is so important. A will drafted by Roy Bregman after 52 years of practice is virtually bulletproof against technical challenge.
Speak to Experienced Johannesburg Lawyers
When you need legal advice, the sooner you get the right guidance, the better. Whether your matter is urgent or you are planning ahead, Bregman Moodley Attorneys can help you understand your rights, protect your interests, and take the next step with confidence.
As experienced Johannesburg lawyers, we bring together legal knowledge, practical strategy, and a client-focused approach. From litigation and labour law to family law, commercial law, immigration, wills, and estates, our team is ready to assist.
Office Hours: Monday–Friday, 08:30–17:00 · Sandton / Johannesburg