South African Deceased Estate Administration Made Simple

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Estate Administration Services in South Africa by Louwrens Koen Attorneys

Losing a loved one is challenging, and managing their estate can add stress. At Louwrens Koen Attorneys, we offer expert deceased estate administration services across South Africa, delivering compassionate, efficient support to honor your loved one’s wishes. Our streamlined process ensures clarity and peace of mind. Start by exploring our services and engaging us through our secure online form.

Our Estate Administration Services. 

We provide tailored solutions for all estate sizes:

  • Estate Reporting: We prepare and submit documents (e.g., death certificate, Death Notice) to the Master of the High Court within 14 days.
  • Executor Appointment and Support: For estates over R250,000, we act as or assist Executors, ensuring compliance with the Administration of Estates Act. For estates under R250,000, we secure Master’s Representative appointments for R2,500.
  • Asset and Debt Management: We compile inventories, settle creditors, and handle estate duty or SARS tax obligations.
  • Asset Distribution: We distribute assets per the will or Intestate Succession Act, setting up trusts for minors if needed.
  • Dispute Resolution: We resolve will contests or beneficiary disputes through mediation or High Court processes.
  • Tax and Compliance: We secure tax clearances and meet all legal requirements to avoid delays.

Why Choose Louwrens Koen Attorneys?

  • Expertise: Extensive experience in South African estate law.
  • Affordable Fees: Starting at R2,500 for small estate appointments, with further support at regulated rates (3.5% of assets, 6% of income, minimum R350, plus VAT if applicable).
  • Efficiency: Estates finalized in 3–12 months, depending on complexity.
  • Client-Focused: We prioritize clients who engage via our secure online form after reviewing our resources.

How to Engage Our Services. To ensure a productive consultation, please follow these steps:

  1. Read Our Articles and FAQs: Gain insights into estate administration by exploring our informative resources.
  2. Complete Our Secure Online Form: Visit the Contact page and fill out our secure online form with details about the estate. This allows us to assess your needs efficiently.
  3. Await Our Response: Our team will review your submission and contact you to discuss next steps.

By completing the form, you help us prepare thoroughly, making our consultation more focused and beneficial for you. We prioritize clients who take this step, as it demonstrates readiness to proceed. In-person or free consultations are reserved for those who have completed the form after reviewing our content, ensuring we focus on prepared clients.Take the First StepEstate administration doesn’t have to be daunting. Let Louwrens Koen Attorneys guide you with expertise and care.

Enquire now: Complete our secure online form on the Contact page to start managing your loved one’s estate. Read our Articles for insights, then engage us to secure your family’s future.

Will Drafting Service South Africa 

At Louwrens Koen Attorneys, we:

  • Draft legally compliant wills, meeting South African requirements (e.g., signed by you and two witnesses).
  • Tailor the will to reflect your specific wishes, including asset distribution and guardian appointments.
  • Offer secure storage and updates as needed, ensuring your will remains valid.

How to Engage Us. To start, complete our secure online form with details about your assets and wishes. This helps us prepare for your consultation, ensuring a focused discussion. We’ll contact you to schedule a meeting to finalize your will.. 

Take Action. Don’t leave your legacy to chance. Complete our online form today and let Louwrens Koen Attorneys guide you through the process.

Trust Registration Service South Africa

A trust is a legal tool to safeguard your assets and support your loved ones, and registering it properly is key. Louwrens Koen Attorneys provides trust registration services in South Africa, guiding you through the process with care.

Why Register a Trust?Trusts offer benefits like asset protection, and control over inheritance, especially for minors or dependents. 

There are inter vivos trusts (created now) and testamentary trusts (via a will), with our focus on inter vivos for immediate planning.

Our Trust Registration Services

We draft custom trust deeds, handle submissions to the Master of the High Court, and guide trustee selection, ensuring a smooth, legal process.

How to Engage Us. Complete our secure online form with details about your assets and needs. We’ll contact you for a free initial consultation to start your trust registration.

Take Action. Protect your legacy today. Fill out our online form to begin with Louwrens Koen Attorneys.

Deceased Estate Administration - Why Choose Us
At Louwrens Koen Attorneys, we understand the emotional and legal challenges of administering a deceased estate. With decades of experience, we provide personalized, transparent, and efficient services to ensure your loved one’s estate is handled with care. Our team is registered with the Law Society of South Africa and adheres to the highest ethical standards.
Will - Why Is a Will Essential for Estate Planning?
A will is a critical document in estate planning. It ensures your assets are distributed according to your wishes, minimizes estate duty, and secures your children’s future by designating their care and inheritance. 

Safely stored, it equips the Executor to efficiently administer your estate with all necessary details.Ready to draft your will? Contact Louwrens Koen Attorneys for expert estate planning guidance.

Contact Us

  • Louwrens Koen 416 Kirkness Street, Arcadia, Pretoria, South Africa
ABOUT US
Louwrens Koen Attorneys, Conveyancers and Notaries is a dynamic lawfirm, which believes that all clients must enjoy quality and cost effective service through the use of electronic media technology. We have a modern outlook on life and have modern solutions for today's problems and needs without compromising on traditional values.

Louwrens Koen was admitted as an Attorney in 1995 after completing his Blc LLb degrees from the University of Pretoria. He is also an admitted Conveyancer, Notary Public and University Guest Lecturer. Louwrens Koen was admitted as an Attorney in 1995 after completing his Blc LLb degrees from the University of Pretoria. He is also an admitted Conveyancer and Notary Public and is the author of hundreds of law related articles.

F.A.Q - Estate Administration 

If your father has passed away and you need a Letter of Executorship from the Master of the High Court in South Africa, follow these steps to report the estate and secure the appointment of an Executor or Master’s Representative. Louwrens Koen Attorneys can guide you through this process with expertise and care.

Step 1: Report the Estate
When: Within 14 days of the death.
Where: Report the estate to the Master’s Office in the jurisdiction where your father lived. If the estate’s value is R125,000 or less and there is no will, you may report it to the nearest Magistrate’s Court acting as a service point for the Master’s Office.
Who: An interested party, such as a family member or heir, must report the estate.

Step 2: Gather Required Documents
You’ll need to submit the following documents, available in the Forms section of our website or from the Master’s Office:Original or certified copy of the death certificate.Original or certified copy of the marriage certificate (if applicable).
Original will (if one exists).
Completed Death Notice form.
Completed Next-of-Kin Affidavit.
Completed Inventory listing all the deceased’s assets.
Nominations by heirs for an Executor or Master’s Representative (if no Executor is named in the will).If the estate is R125,000 or less, an affidavit confirming the estate hasn’t been reported elsewhere.
Declaration of Marriage by the surviving spouse, indicating the marital regime (e.g., in community of property).
Acceptance of Master’s Directions/Executorship, signed by the nominated Executor or Master’s Representative.
Certified copy of the ID of the person nominated as Executor or Master’s Representative. Note: The Letter of Executorship is issued by the Master’s Office after reviewing these documents.

Step 3: Appointment Process
Once the documents are correctly completed and submitted: The Master’s Office opens a file in the deceased’s name. An examiner reviews the documents for accuracy. The will (if any) is evaluated by an Assistant Master and either accepted or rejected. 

For estates valued under R250,000: A Master’s Representative is appointed, typically the person named in the will or nominated by heirs if there’s no will. 

For estates valued R250,000 or more: An Executor is appointed, usually the person named in the will or nominated by heirs. If the Executor is not a professional, they may need assistance from an attorney or trust company and must provide security (unless exempted).

Step 4: Duties of the Master’s Representative or Executor

Master’s Representative (Estates Under R250,000):Administers the estate according to the will or, if no will, the Intestate Succession Act. Does not need to submit a formal account to the Master unless requested (e.g., for estates with minor heirs).If appointed by a Magistrate’s Court, the file is transferred to the Master’s Office after three months and typically finalized unless an account is requested.

Executor (Estates R250,000 or More):

Administers the estate per the will or Intestate Succession Act. must advertise for creditors in the Government Gazette and a local newspaper, allowing 30 days for claims. 

Prepares and submits a Liquidation and Distribution Account within six months, vest accounts must be advertised for 21 days, and a copy is kept at the local Magistrate’s Court. The account includes: All assets of the deceased.All liabilities of the deceased. 
Cash reconciliation of the estate.
Distribution of assets to beneficiaries.
Income and expenditure after death.
Fiduciary assets (if any).
Estate Duty calculations.

After Master’s approval, the Executor advertises the account for 21 days for public inspection. If no objections are raised, the Master permits distribution within two months. The Executor provides proof of distribution, and the Master releases any security and finalizes the Executor’s duties.

How Louwrens Koen Attorneys Can help

Navigating the process of obtaining a Letter of Executorship can be complex. Our experienced team at Louwrens Koen Attorneys can:Assist with gathering and submitting required documents.Act as your nominated Executor or provide professional support to a lay Executor.Ensure compliance with the Administration of Estates Act and timely submission of all accounts.Handle creditor claims, estate duty, and asset distribution efficiently.Contact us today for a free consultation to simplify the estate administration process.

The executor of a deceased estate in South Africa is entitled to:
3.5% of the gross value of the estate’s assets.
6% of income collected after the deceased’s death
If the executor or their appointed agent is VAT-registered, VAT may be charged on these fees.

Need assistance? Contact Louwrens Koen Attorneys for transparent estate administration services.

The administration process typically takes 6 to 36 months, depending on the estate’s complexity, the presence of a will, and any disputes or creditor claims. Simple estates (under R250,000) may be faster, while larger or disputed estates can take longer.

Need assistance? Contact Louwrens Koen Attorneys to streamline the process.

The Master of the High Court does not accept a certified copy of a will. If the original will is missing, the estate will be administered under the Intestate Succession Act, unless you apply to the High Court to have the copy accepted as valid and the Court grants an order.

Need help? 
Contact Louwrens Koen Attorneys for expert guidance on estate administration.

 If there’s no will (intestate), the estate is distributed according to the Intestate Succession Act. Assets are typically allocated to the surviving spouse, children, or closest relatives in a specific order. An Executor or Master’s Representative will be appointed to manage the process.

Unsure where to start? Reach out to Louwrens Koen Attorneys for expert guidance.

While not mandatory, an attorney is highly recommended, especially for estates valued over R250,000 or if the Executor is a layperson. Attorneys ensure compliance with the Administration of Estates Act, handle complex documentation, and manage creditor claims or disputes.

Let us help. Contact Louwrens Koen Attorneys for professional support.

Estate Duty is a tax levied on the net value of a deceased estate, currently at 20% for the first R30 million and 25% thereafter, with exemptions (e.g., R3.5 million abatement). Not all estates are taxable, depending on their value and deductions.

Need clarity? Louwrens Koen Attorneys can assist with estate duty calculations and compliance.

 Yes, creditors can claim against the estate for debts owed by the deceased. The Executor advertises for creditors in the Government Gazette and a local newspaper, giving them 30 days to submit claims. Valid claims are paid before assets are distributed to beneficiaries.

Facing creditor issues? Contact Louwrens Koen Attorneys for expert handling.

The Liquidation and Distribution Account is a detailed report prepared by the Executor for estates over R250,000. It lists assets, liabilities, income, expenses, and how assets will be distributed. It must be submitted to the Master within six months and advertised for public inspection.

Need assistance? Louwrens Koen Attorneys ensures accurate and timely account submission.

Yes, you can contest a will if you believe it’s invalid (e.g., due to fraud, undue influence, or lack of mental capacity). You’ll need to apply to the High Court, providing evidence to support your claim. Legal advice is essential for such disputes.

Facing a dispute? Contact Louwrens Koen Attorneys for professional resolution.

An Executor administers the estate by:
Reporting the estate to the Master of the High Court.
Compiling an inventory of assets and liabilities.
Paying creditors and estate duty.
Distributing assets per the will or Intestate Succession Act.
Submitting a Liquidation and Distribution Account (for estates over R250,000).

Overwhelmed? Louwrens Koen Attorneys can act as or support your Executor.

 If beneficiaries are minors (under 18), their inheritance may be placed in a trust or the Guardian’s Fund, managed by the Master of the High Court, until they reach adulthood. 

The Executor ensures compliance with legal requirements for minor heirs.

Need help with minors’ inheritance? Contact Louwrens Koen Attorneys for tailored solutions.

Within 14 days of the death, report the estate to the Master’s Office in the deceased’s jurisdiction (or a Magistrate’s Court for estates under R125,000). 
Submit documents like the death certificate, will, and inventory. See our Forms section for details.

Let us simplify the process. Contact Louwrens Koen Attorneys for expert assistance.

An Executor can be a person named in the will, a family member, or a professional (e.g., an attorney) nominated by heirs. They must be over 18, mentally capable, and not insolvent. For estates over R250,000, lay Executors may need professional assistance. 

Need an Executor? Contact Louwrens Koen Attorneys for expert appointments.

he Master oversees estate administration by issuing the Letter of Executorship, approving the Executor’s Liquidation and Distribution Account, and ensuring compliance with the Administration of Estates Act. They also manage the Guardian’s Fund for minors.

Confused? Louwrens Koen Attorneys can guide you through the process.

Debts are paid from the estate’s assets before distribution to beneficiaries. The Executor advertises for creditors and settles valid claims. If the estate is insolvent, a special process applies under the Administration of Estates Act.Facing debt issues? Reach out to Louwrens Koen Attorneys for expert handling.

Assets are distributed according to the will or, if no will, the Intestate Succession Act. The Executor pays debts and taxes first, then allocates the remaining assets to beneficiaries as approved by the Master.

Need clarity? Contact Louwrens Koen Attorneys for seamless distribution.

The Guardian’s Fund, managed by the Master of the High Court, holds money for minors or incapacitated beneficiaries until they can claim it (e.g., at age 18). It’s used when a trust isn’t specified in the will.

Have minor heirs? Louwrens Koen Attorneys can ensure their funds are secure.

Yes, the Master or High Court can remove an Executor for misconduct, negligence, or incapacity. Interested parties (e.g., beneficiaries) can apply for removal, supported by evidence.

Facing Executor issues? Contact Louwrens Koen Attorneys for legal support.

To close an estate, the Executor submits proof of distribution, a final Liquidation and Distribution Account, and any required tax clearances to the Master. The Master then releases the Executor and closes the file.

Ready to finalize? Louwrens Koen Attorneys can expedite the process.

Beneficiary disputes can be resolved through mediation or, if necessary, High Court intervention. The Executor must remain neutral and may seek legal advice to ensure fair distribution per the will or law.

Facing a dispute? Louwrens Koen Attorneys can help resolve conflicts efficiently.

F.A.Q - Last Will and Testament

A will specifies how your assets are distributed after your death, minimizes estate duty, and ensures your children or dependents are cared for. Without a will, your estate is distributed Intestate which may not reflect your wishes.

Ready to draft your will? Contact Louwrens Koen Attorneys for expert guidance.

For a will to be valid it must be written, signed by the testator (person making the will) in the presence of two competent witnesses (over 14 and not beneficiaries), and signed by the witnesses. 

Need a valid will? Louwrens Koen Attorneys can ensure compliance.

You can write your own will if it meets legal requirements, but an attorney ensures it’s clear, valid, and minimizes disputes or errors. Professional drafting also optimizes estate planningbenefits.

Want a professionally drafted will? Contact Louwrens Koen Attorneys today.

 If you die without a will (intestate), your estate is distributed according to the Intestate Succession Act. Assets typically go to your spouse, children, or closest relatives in a fixed order, which may not align with your preferences.

Unsure about intestate succession? Louwrens Koen Attorneys can help you plan ahead.

Yes, you can update your will at any time by drafting a new will or adding a codicil (amendment), provided you follow the same legal requirements (e.g., signing with witnesses). Regular updates are recommended after major life events like marriage or childbirth.

Need to update your will? Contact Louwrens Koen Attorneys for assistance.

 Store your will in a secure location, such as with your attorney, a trusted bank, or a safe at home, and inform your Executor of its location. The original will is required by the Master of the High Court, so avoid storing it where it could be lost or damaged.

Worried about safekeeping? Louwrens Koen Attorneys offers secure will storage.

The Master of the High Court does not accept certified copies. If the original will is lost, the estate is treated as intestate unless you apply to the High Court to have the copy accepted as valid, which requires a court order.

Lost your will? Contact Louwrens Koen Attorneys for legal support.

Yes, your will can nominate a guardian to care for your minor children (under 18) if both parents pass away. The nomination is advisory, but courts typically honor it unless it’s not in the child’s best interest.

Planning for your children’s future? Louwrens Koen Attorneys can guide you.

Yes, a will can be contested if someone believes it’s invalid (e.g., due to fraud, undue influence, or lack of mental capacity). Contesting requires evidence and a High Court application, which can delay estate administration.

Concerned about disputes? Louwrens Koen Attorneys can draft a robust will to minimize risks.

Review your will every 3–5 years or after major life events (e.g., marriage, divorce, birth of a child, or acquiring significant assets). This ensures it reflects your current wishes and complies with South African law.

Time to review your will? Contact Louwrens Koen Attorneys for professional advice.

Yes, a handwritten will is legal in South Africa, provided it meets specific requirements under the Wills Act 7 of 1953. To ensure your will is valid, the following conditions must be met:
Age Requirement: The person drafting the will (the testator or testatrix) must be 16 years or older.
Authorship: The will must be created by the testator/testatrix themselves, reflecting their true intentions.
Independence: The testator/testatrix, their spouse, or anyone named in the will (e.g., executor, trustee, heir, or beneficiary) cannot act as a witness.
Signatures: The will must be signed by the testator/testatrix in the presence of two independent witnesses (aged 14 or older, of sound mind, and not named in the will). The witnesses must also sign the will.

A handwritten will that fails to meet these requirements may be deemed invalid, potentially leading to disputes or intestate succession, where assets are distributed under the Intestate Succession Act 81 of 1987 instead of your wishes.

Why Professional Guidance Matters. Drafting a will can seem simple, but errors like unclear wording or improper witnessing can cause complications. Louwrens Koen Attorneys offers will drafting services to ensure your will is legally sound and tailored to your needs.

Engage Our Services. To get started, complete our secure online form on the Contact page with details about your assets and wishes. We will reach out to schedule a consultation and guide you through creating a valid will.

Take Action: Don’t risk an invalid will. Fill out our secure online form today to protect your legacy with Louwrens Koen Attorneys.

In South Africa, you can legally draft a will if you are 16 years or older, as stipulated by the Wills Act 7 of 1953. At this age, you can outline how your assets—such as money, property, or personal belongings—should be distributed after your passing, provided you are of sound mind.

When Should You Draft a Will?While you can draft a will at 16, it’s wise to consider doing so when you:
Acquire significant assets (e.g., a car, savings, or inheritance).
Start a family or have dependents, to ensure their care or appoint guardians.
Want to avoid intestate succession, where the Intestate Succession Act 81 of 1987 decides how your estate is divided, potentially against your wishes.

Even young adults benefit from a will, as it provides clarity and prevents disputes. Updating your will after major life events (e.g., marriage, childbirth) keeps it relevant.Why Professional Help MattersA will must meet legal requirements (e.g., signed with two independent witnesses) to be valid. Errors can lead to delays or an invalid will. Louwrens Koen Attorneys ensures your will is legally sound and tailored to your needs.

Engage Our Services. Start by completing our secure online form on the Contact page with details about your assets and wishes. Our expert testamentary consultants will contact you to schedule a consultation and guide you through drafting your will.

Take Action: Protect your legacy, no matter your age. Fill out our secure online form today to create a will with Louwrens Koen Attorneys.


Even if you own little—no property, car, or large savings—you likely have assets like a bank account that form part of your estate when you pass away. Under the Wills Act 7 of 1953, a will is essential for everyone aged 16 or older, regardless of wealth, to ensure your wishes are honored. Here’s why, and how Louwrens Koen Attorneys can help.

Why a Will Matters, Even with Few Assets
A will does more than distribute assets:
Final Wishes: Specify preferences, like burial or cremation, or organ donation.
Guardianship: Nominate guardians for your minor children, ensuring their care.
Future Changes: Your finances may grow (e.g., inheritance, new job), and a will prepares for this.

Without a will, the Intestate Succession Act 81 of 1987 decides how your estate is divided, which may not align with your intentions and could lead to disputes.

Benefits of a Will
Clarity: Prevents confusion or family conflicts.
Control: Ensures your wishes, not the law’s, guide your estate.
Simplicity: Makes estate administration easier, even for small estates.

Why Professional Help Counts
A valid will requires proper drafting (signed with two independent witnesses) to avoid being invalid. Louwrens Koen Attorneys crafts legally sound wills tailored to your needs, no matter how simple your estate.

Engage Our Services
Start by completing our secure online form on the Contact page, sharing details about your wishes. Review your will every few years or after significant life events to keep it current.

Take Action: Everyone over a will, no matter their assets. Fill out our secure online form today to protect your legacy with Louwrens Koen Attorneys.

No, a last will and testament does not expire in South Africa. Once a testator (male) or testatrix (female) creates and validates their will under the Wills Act 7 of 1953, it remains legally binding until revoked. There’s no time limit on its validity, ensuring your wishes endure. However, an outdated will may not reflect your current circumstances, so regular updates are crucial.

How a Will Becomes InvalidA will only becomes invalid if you:
Revoke It: Explicitly state in a new will that all previous wills are revoked.
Destroy It: Intentionally tear, burn, or otherwise destroy the original will with the intent to cancel it.

Why Review Your Will? Even if valid, your will may no longer suit your needs if life changes occur, such as:
Marriage or divorce.
Birth or adoption of a child.
Acquiring new assets (e.g., property, investments).

Changes in family dynamics or wishes. Reviewing your will at least once a year or after major life events ensures it aligns with your intentions and prevents disputes or unintended outcomes under the Intestate Succession Act 81 of 1987.

Professional Support for Your Will. Drafting or updating a will requires precision to avoid errors that could render it invalid. Louwrens Koen Attorneys offers expert will drafting and review services to keep your will current and legally sound.
Engage Our Services
Start by completing our secure online form on the Contact page, detailing your assets and wishes. Our testamentary consultants will contact you to schedule a consultation to create or update your will.

Take Action: Ensure your will never goes out of date. Fill out our secure online form today to safeguard your legacy with Louwrens Koen Attorneys.


In South Africa, a will and a trust serve distinct purposes in estate planning, each with unique roles in securing your legacy. Understanding their differences helps you plan effectively, and Louwrens Koen Attorneys can guide you through both.

What Is a Will?
A will is a legal document that outlines your final wishes for distributing your estate after you pass away. Governed by the Wills Act 7 of 1953, it specifies who inherits assets like property, vehicles, jewelry, or savings. It can also name guardians for minor children. Without a will, the Intestate Succession Act 81 of 1987 applies, and the government distributes your estate using a fixed formula, which may not align with your intentions. A valid will requires your signature and two independent witnesses. Keep it broad to avoid frequent updates, but ensure it’s legally compliant to prevent disputes.

What Is a Trust?
A trust is a legal structure that holds and manages assets for beneficiaries, governed by the Trust Property Control Act 57 of 1988. Created during your lifetime (inter vivos) or through your will (testamentary), a trust transfers assets to trustees who manage them for beneficiaries, such as minors or those unable to handle finances. 

Trusts offer:
Asset Protection: Shields inheritances from creditors or mismanagement.
Tax Benefits: May reduce estate duty with certain exemptions.
Financial Guardianship: Ensures funds are used for beneficiaries’ needs (e.g., education).

Without a trust, minors’ inheritances may go to the Guardian’s Fund, managed by the government, limiting control.

Key Differences
Purpose: A will directs asset distribution after death; a trust manages assets during or after your lifetime.
Timing: A will takes effect upon death; an inter vivos trust operates immediately, while a testamentary trust starts post-death.
Management: A will requires an executor for one-time distribution; a trust needs ongoing trustee management.
Flexibility: Trusts provide ongoing control and protection, unlike the static nature of wills.

Why Professional Guidance Matters
Drafting a will or setting up a trust requires precision to avoid legal issues. Louwrens Koen Attorneys offers expert services to create valid wills and trusts tailored to your needs, ensuring compliance and clarity.

Engage Our Services. Start by completing our secure online form on the Contact page, detailing your assets and wishes. Our experts will contact you to schedule a consultation and guide you in crafting a will, trust, or both. Take Action: Secure your legacy with a will or trust. Fill out our secure online form today to begin with Louwrens Koen Attorneys.


F.A.Q - Executor Roles and Responsibilities

Who Can Be Appointed as an Executor of a Deceased Estate?

An Executor can be named in the will or nominated by heirs if there’s no will. They must be over 18, mentally capable, and not insolvent. For estates over R250,000, lay Executors often need professional assistance.

Need an Executor? Contact Louwrens Koen Attorneys for expert appointments.

What Are the Main Responsibilities of an Executor?

An Executor reports the estate to the Master of the High Court, compiles an asset inventory, pays debts and taxes, distributes assets per the will or Intestate Succession Act, and submits a Liquidation and Distribution Account (if required).

Overwhelmed by Executor duties? Louwrens Koen Attorneys can help.

Do I Need an Attorney to Act as an Executor?

Not mandatory, but an attorney is recommended for estates over R250,000 or complex cases. They ensure compliance with the Administration of Estates Act, manage legal documents, and handle disputes or creditor claims.

Want professional support? Contact Louwrens Koen Attorneys today.

What Fees Is an Executor Entitled To?

Executors receive 3.5% of the estate’s gross asset value, 6% of income collected post-death, and a minimum fee of R350. VAT may apply if the Executor or their agent is VAT-registered.

Need fee clarity? Louwrens Koen Attorneys offers transparent guidance.

How Long Does an Executor Have to Administer an Estate?

Executors typically have 6 months to submit a Liquidation and Distribution Account for estates over R250,000, and 2 months to distribute assets after approval. The entire process often takes 6–36 months, depending on complexity.

Facing delays? Contact Louwrens Koen Attorneys for efficient administration.

Can an Executor Be Removed if They Fail to Perform Their Duties?

Yes, the Master or High Court can remove an Executor for negligence, misconduct, or incapacity. Beneficiaries or interested parties can apply for removal, providing evidence to support their claim.

Executor issues? Louwrens Koen Attorneys can assist with legal solutions.

What Happens if an Executor Refuses to Act?

 If an Executor declines the role, they must formally renounce it in writing to the Master of the High Court. The Master then appoints an alternative, such as a nominee from the heirs or a professional.

Need a new Executor? Contact Louwrens Koen Attorneys for seamless transitions.

Does an Executor Need to Provide Security for the Estate?

For estates over R250,000, Executors must provide security (e.g., a bond) to the full estate value, unless exempted by the will or if they’re the deceased’s parent, spouse, or child.

Unsure about security? Louwrens Koen Attorneys can clarify requirements.

Do You Have to Open an Estate Account When Someone Dies?

n South Africa, whether you need to open an estate account after someone passes away depends on the value of their assets. According to the Administration of Estates Act 66 of 1965, an estate account—often called an "Estate Late" bank account—is required if the deceased left assets worth at least R1,000 that need to be managed. 

This account is opened and handled by the executor or administrator appointed to settle the estate.

When It’s RequiredIf the deceased had assets like money, property, or investments totaling R1,000 or more, opening an estate account is a legal necessity. 

The account serves key purposes:
Transparency: It keeps all estate transactions clear and traceable.
Debt Settlement: Funds are used to pay off any debts or liabilities.
Distribution: Remaining assets are then distributed to heirs or beneficiaries.

The executor must open this account to comply with the law and ensure proper administration.

How It Works. To open the account, the executor needs:
A Letter of Executorship from the Master of the High Court. Documents like the death certificate and the deceased’s ID.A chosen bank to set up the account (e.g., a current or savings account).

Need Assistance? Managing an estate can be overwhelming. Louwrens Koen Attorneys can guide you through the process, ensuring compliance and ease. Contact us via our secure online form for support

In short, yes, an estate account is typically required in South Africa for assets of R1,000 or more, as mandated by the Administration of Estates Act 66 of 1965.

F.A.Q - Estate Planning and Preventative Measures

F.A.Q - Estate Planning and Preventative Measures

Estate planning ensures your assets are distributed as you wish, minimizes estate duty, and protects your dependents’ future. It includes drafting a will, setting up trusts, and planning for taxes, reducing stress for your loved ones.

Ready to plan your estate? Contact Louwrens Koen Attorneys for expert guidance.

How Can a Trust Benefit My Estate Plan?

A trust protects assets, reduces estate duty, and ensures funds are managed for beneficiaries (e.g., minors). It can also avoid probate delays and provide for specific needs, like education or disability care.

Considering a trust? Contact Louwrens Koen Attorneys for tailored solutions.

What Should Be Included in a Last Will and Testament?

A will should specify asset distribution, name an Executor, appoint guardians for minor children, and outline any special bequests. It must comply with the Wills Act to be valid, ensuring your wishes are legally enforceable.

Need a will? Louwrens Koen Attorneys can draft a comprehensive document.

What Are the Risks of Not Having an Estate Plan?

Without an estate plan, your estate may be distributed under the Intestate Succession Act, leading to unintended beneficiaries, higher taxes, or disputes. Your dependents may face financial or legal challenges.

Unplanned estate? Louwrens Koen Attorneys can help you prepare.

Can I Plan for Digital Assets in My Will?

Yes, you can include digital assets (e.g., online accounts, cryptocurrencies) in your will, specifying how they should be accessed or distributed. Clear instructions help your Executor manage these assets effectively.

Have digital assets? Louwrens Koen Attorneys can include them in your plan.

Should I Appoint a Professional Executor in My Will?

 Naming a professional Executor (e.g., an attorney) ensures efficient estate administration, especially for complex estates. They handle legal compliance, taxes, and disputes, reducing risks for lay Executors.

Need an Executor? Louwrens Koen Attorneys offers expert Executor services.

How Can I Protect My Children’s Inheritance in My Estate Plan?

Protect children’s inheritance by setting up a trust to manage funds until they’re adults, appointing a guardian in your will, or using the Guardian’s Fund for minors. This ensures their financial security.

Planning for your children? Contact Louwrens Koen Attorneys for customized plans.

What Is a Living Will, and Should I Have One?

A living will outlines your medical wishes (e.g., refusing life-sustaining treatment) if you’re incapacitated. It’s not legally binding in South Africa but guides family and doctors. It complements your estate plan.

Interested in a living will? Louwrens Koen Attorneys can assist.

F.A.Q - Section 18(3) Estates 

If an estate is valued at less than R250,000, it can be administered through a simplified process under Section 18(3) of the Administration of Estates Act. Instead of obtaining full letters of executorship, the Master of the High Court will issue letters of authority to a Master's Representative, who is typically the executor named in the will or a nominated heir. This process is generally faster and less formal than the full administration process for larger estates. 
Answer: A Section 18(3) estate is a deceased estate valued at R250,000 or less, administered under Section 18(3) of the Administration of Estates Act. It requires a Master’s Representative instead of an Executor, with simplified procedures. Need help with a small estate? Contact Louwrens Koen Attorneys for expert guidance.

The Master’s Representative is typically the person named in the will or nominated by heirs if there’s no will. They must be over 18, mentally capable, and not insolvent, and are appointed by the Master or Magistrate’s Court.

Unlike estates over R250,000, Section 18(3) estates don’t require a Liquidation and Distribution Account unless requested by the Master. A Master’s Representative handles administration, making the process faster and less complex.

 A Master’s Representative reports the estate, compiles an asset inventory, pays debts, and distributes assets per the will or Intestate Succession Act. They don’t need to submit a formal account unless the Master requests one.

Overwhelmed by duties? Louwrens Koen Attorneys offers professional support.

Report the estate to the Master’s Office in the deceased’s jurisdiction or the nearest Magistrate’s Court if the estate is R125,000 or less. Reporting must occur within 14 days of death.

Unsure where to start? Contact Louwrens Koen Attorneys for assistance.

 Submit a death certificate, will (if any), Death Notice, Next-of-Kin Affidavit, asset inventory, nomination of a Master’s Representative, and an affidavit (for estates R125,000 or less) confirming no prior reporting. 
See our Forms section.

Need document help? Louwrens Koen Attorneys can guide you.

Yes, the Master’s Representative may need to notify creditors informally, but formal advertising in the Government Gazette isn’t always required unless directed by the Master. Valid debts are paid from the estate’s assets.

Facing creditor issues? Contact Louwrens Koen Attorneys for expert handling.

Administering a Section 18(3) estate typically takes 3–6 months, faster than larger estates due to simplified requirements. Delays may occur if disputes or complex debts arise.

Want a quick process? Louwrens Koen Attorneys ensures efficient administration.

The Master’s Representative is entitled to 3.5% of the estate’s gross assets, 6% of income collected post-death, and a minimum fee of R350. VAT may apply if registered. Fees are regulated but often lower due to the estate’s size.

Need fee clarity? Louwrens Koen Attorneys offers transparent guidance.

If reported at a Magistrate’s Court, the file is held for three months, then transferred to the Master’s Office for finalization. The Master may request an account if minors or disputes are involved.

F.A.Q - Intestate Estates

Administration of Intestate Deceased Estates in South Africa

What Is an Intestate Deceased Estate in South Africa?
An intestate deceased estate is one where the deceased left no valid will. The estate is distributed according to the Intestate Succession Act, which prioritizes the surviving spouse, children, or closest relatives.

Facing an intestate estate? Contact Louwrens Koen Attorneys for expert guidance.

What Documents Are Needed to Report an Intestate Estate?
ubmit a death certificate, Death Notice, Next-of-Kin Affidavit, asset inventory, nomination of an Executor or Master’s Representative, and a marriage declaration (if applicable). For estates R125,000 or less, include an affidavit confirming no prior reporting.

Unsure about documents? Louwrens Koen Attorneys can assist.

How Are Assets Distributed in an Intestate Estate?
 Under the Intestate Succession Act, assets are distributed in a fixed order: first to the surviving spouse and children (equally or with a minimum spousal share), then to parents, siblings, or distant relatives if no immediate family exists.

Need clarity on distribution? Louwrens Koen Attorneys can explain your rights.

How Long Does It Take to Administer an Intestate Estate?
Administering an intestate estate typically takes 6–12 months, depending on its value and complexity. Smaller estates (under R250,000) may be faster, while disputes or debts can cause delays.

Want a swift process? Contact Louwrens Koen Attorneys for efficient administration.

Who Administers an Intestate Deceased Estate?
The Master of the High Court appoints a Master’s Representative (for estates under R250,000) or an Executor (for estates over R250,000), typically nominated by heirs. They manage reporting, debts, and distribution.

Need an administrator? Contact Louwrens Koen Attorneys for professional support.

Can Creditors Claim Against an Intestate Estate?
Yes, creditors can claim debts owed by the deceased. The Executor or Master’s Representative pays valid claims from the estate’s assets before distribution, following legal notice requirements if mandated.

Facing creditor issues? Contact Louwrens Koen Attorneys for expert handling.

What Happens if There Are Minor Beneficiaries in an Intestate Estate?
Minors’ inheritances are held in the Guardian’s Fund or a trust until they turn 18, managed by the Master of the High Court or a trustee. The administrator ensures compliance with legal protections.

Have minor heirs? Louwrens Koen Attorneys can secure their inheritance.

Can I Contest an Intestate Distribution if It Seems Unfair?
Contesting intestate distribution is difficult, as the Intestate Succession Act sets strict rules. However, you can apply to the High Court if you’re unfairly excluded (e.g., as a dependent) or suspect errors, with legal evidence.

Feeling excluded? Contact Louwrens Koen Attorneys for dispute resolution.

Are There Additional Costs for Administering an Intestate Estate?
Costs are similar to testate estates: 3.5% of gross assets, 6% of post-death income, and a minimum fee of R350 for the Executor or Master’s Representative. Intestate complexity may increase legal fees.

Need cost transparency? Louwrens Koen Attorneys offers clear guidance.

How Can I Avoid Intestate Succession for My Estate?
Draft a valid will to specify your wishes, avoiding the Intestate Succession Act. Regular updates and professional drafting ensure your estate is distributed as intended, minimizing disputes.

Want to plan ahead? Contact Louwrens Koen Attorneys for will drafting services.

F.A.Q - Estate Duty and Tax Implications in South Africa

Deceased Estate Duty and Tax Implications in South Africa

What Is Estate Duty in South Africa?

Estate Duty is a tax on the net value of a deceased estate, charged at 20% on the first R30 million and 25% thereafter, after deductions and exemptions. 

Are There Exemptions or Deductions for Estate Duty?

Yes, exemptions include a R3.5 million abatement per estate, bequests to a surviving spouse, and certain charitable donations. Deductions cover liabilities, funeral costs, and administration expenses.

Who Is Responsible for Paying Estate Duty?

The Executor or Master’s Representative pays estate duty from the estate’s assets before distributing to beneficiaries. 

Do All Deceased Estates Pay Estate Duty?

No, estates with a net value below the R3.5 million abatement (after deductions) are exempt from estate duty. 

Are Beneficiaries Taxed on Their Inheritance?

 Inheritances are generally exempt from personal income tax for beneficiaries. However, income generated from inherited assets (e.g., rental income) may be taxable, and CGT may apply if assets are sold later.

F.A.Q - Trusts in Estate Administration in South Africa

What Is a Trust in the Context of Estate Administration?

A trust is a legal arrangement where assets are held and managed by trustees for beneficiaries, as specified in a will or trust deed. In estate administration, trusts protect assets, reduce estate duty, and ensure funds benefit heirs.

Considering a trust? Contact Louwrens Koen Attorneys for expert guidance.

How Can a Trust Benefit My Estate Plan?

Trusts minimize estate duty, protect assets from creditors, and ensure funds are managed for beneficiaries (e.g., minors or disabled heirs). They provide control over how assets are used.

Contact Louwrens Koen Attorneys for trust solutions.

What Is the Difference Between a Testamentary and Inter Vivos Trust?

A testamentary trust is created by a will and activates after death, often for minors or specific needs. An inter vivos trust is set up during your lifetime, offering immediate asset protection and tax benefits.

Need help choosing? Louwrens Koen Attorneys can tailor your trust.

Who Can Be a Trustee in a South African Trust?

Trustees must be over 18, mentally capable, and not disqualified (e.g., insolvent or convicted of fraud). They can be family members, professionals, or independent trustees, approved by the Master of the High Court.

Need a trustee? Louwrens Koen Attorneys offers trusted appointments.

What Are the Duties of a Trustee in Estate Administration?

Trustees manage trust assets, act in beneficiaries’ best interests, maintain records, and comply with the Trust Property Control Act. They distribute funds as per the trust deed or will, often during estate administration.

Overwhelmed? Contact Louwrens Koen Attorneys for support.

Can a Trust Be Used for Minor Beneficiaries in an Estate?

Yes, a testamentary trust is ideal for minors, holding their inheritance until they reach a specified age (e.g., 18 or 21). It avoids the Guardian’s Fund and ensures funds are used for their care or education.

Planning for minors? Louwrens Koen Attorneys can set up a trust.

How Does a Trust Reduce Estate Duty?

Assets in an inter vivos trust are not part of the deceased’s estate, reducing the taxable value for estate duty. Testamentary trusts can also defer tax by managing distributions to beneficiaries.

Contact Louwrens Koen Attorneys for assistance in setting up an inter vivos trust. 

Can a Trust Be Changed or Terminated After It’s Created?

 Inter vivos trusts can be amended or terminated if the trust deed allows and all parties agree. Testamentary trusts, created by a will, are harder to change post-death unless authorized by the High Court.

Need to modify a trust? Contact Louwrens Koen Attorneys for legal advice.

What Happens to a Trust During Estate Administration?

If a will creates a testamentary trust, the Executor transfers assets to the trust during administration. For existing inter vivos trusts, trustees continue managing assets independently of the estate process.

Confused about trust roles? Louwrens Koen Attorneys can clarify.

Are There Costs Associated with Setting Up or Managing a Trust?

Costs include legal fees for drafting the trust deed, registration with the Master of the High Court, and trustee fees (often a percentage of assets). Ongoing administration may incur accounting or tax compliance costs.

Need cost transparency? Contact Louwrens Koen Attorneys for clear guidance.

F.A.Q - Beneficiary Rights and Disputes in South Africa

What Rights Do Beneficiaries Have in a Deceased Estate?

Beneficiaries have the right to receive their inheritance as per the will or Intestate Succession Act, be informed of estate progress, and inspect the Liquidation and Distribution Account. They can also challenge mismanagement by the Executor.

Unsure of your rights? Contact Louwrens Koen Attorneys for expert guidance.

What Happens if a Beneficiary Disagrees with the Will’s Distribution?

Beneficiaries can contest the will if they believe it’s invalid (e.g., due to fraud or undue influence) by applying to the High Court. They must provide evidence, and legal advice is essential to navigate the process.

Can a Beneficiary Request Information About the Estate Administration?

Yes, beneficiaries can request updates from the Executor or Master’s Representative, including details on assets, debts, and distribution plans. The Master of the High Court can also provide access to estate documents.

Need transparency? Louwrens Koen Attorneys can assist you.

Can a Beneficiary Challenge an Executor’s Decisions?

Yes, if an Executor acts negligently, dishonestly, or against the will’s terms, beneficiaries can object to the Master of the High Court or apply to the High Court for removal or corrective action.

What Is the Process for Contesting a Will in South Africa?

To contest a will, file an application with the High Court, providing evidence of invalidity (e.g., lack of mental capacity or coercion). The court may declare the will void, triggering intestate succession or an earlier will.

Can a Beneficiary Be Excluded from a Will, and Can They Challenge It?

A will can exclude beneficiaries, but certain dependents (e.g., minor children or spouses) may claim maintenance from the estate under the Maintenance of Surviving Spouses Act. Excluded heirs can challenge via the High Court.

How Do Disputes Affect the Estate Administration Timeline?

Disputes, such as will contests or beneficiary conflicts, can delay administration by months or years, as the Executor must pause distribution until resolved by mediation or court order.

Facing delays? Louwrens Koen Attorneys can expedite resolutions.

What Role Does the Master of the High Court Play in Beneficiary Disputes?

The Master reviews objections to the Liquidation and Distribution Account and may direct the Executor to amend it. For unresolved disputes, the Master refers parties to the High Court for adjudication.

F.A.Q - Insolvent Deceased Estate Administration

What Is an Insolvent Deceased Estate in South Africa?
An insolvent deceased estate occurs when the deceased’s liabilities exceed their assets. It is administered under the Administration of Estates Act and Insolvency Act, prioritizing creditor payments over beneficiary distributions.

How Are Creditors Paid in an Insolvent Deceased Estate?
Creditors are paid in a strict order: secured creditors first (e.g., bondholders), then preferent creditors (e.g., SARS), and finally concurrent creditors. The Executor advertises for claims in the Government Gazette and local newspapers.

How Is an Insolvent Deceased Estate Administered?
The Master of the High Court appoints an Executor who identifies assets and liabilities, notifies creditors, and distributes available funds according to a statutory order of preference. Any shortfall leaves creditors unpaid.

Can Beneficiaries Inherit from an Insolvent Deceased Estate?
Beneficiaries typically receive nothing from an insolvent estate, as assets are used to pay creditors. Only if surplus funds remain after all debts are settled can beneficiaries inherit.

Who Administers an Insolvent Deceased Estate?
An Executor, typically a professional (e.g., an attorney), is appointed by the Master due to the complexity. They must comply with both the Administration of Estates Act and Insolvency Act requirements.

What Documents Are Needed for an Insolvent Estate?
Submit a death certificate, will (if any), Death Notice, Next-of-Kin Affidavit, asset and liability inventory, and nomination of an Executor. The Executor also provides a detailed insolvency report to the Master.

How Long Does It Take to Administer an Insolvent Estate?
Administering an insolvent estate often takes 12–48 months due to creditor notifications, asset liquidation, and legal complexities. Disputes or asset recovery can extend the timeline.

What Happens if an Insolvent Estate Has No Assets?
If no assets exist, the Executor reports the insolvency to the Master, who may close the estate after creditor notifications. Creditors bear the loss, and no distribution to beneficiaries occurs.

Can an Insolvent Estate Affect Beneficiaries’ Personal Finances?
Beneficiaries are not personally liable for the estate’s debts unless they co-signed loans or guaranteed obligations. The estate’s insolvency is separate from their personal finances.

Worried about liability? Contact Louwrens Koen Attorneys for peace of mind.

F.A.Q - Digital Assets and Modern Estate Planning in South Africa

What Are Digital Assets in the Context of Estate Planning?
Digital assets include online accounts (e.g., email, social media), digital files (e.g., photos, documents), cryptocurrencies, and domain names. In estate planning, they must be identified and managed for transfer or closure after death.

Need to plan for digital assets in your estate? Contact Louwrens Koen Attorneys for guidance.

What Happens to My Social Media Accounts When I Die?
Social media platforms (e.g., Facebook, X) have policies for memorializing or deleting accounts. Your will can instruct the Executor to manage or close accounts, but platform terms may limit actions without pre-set permissions.

Louwrens Koen Attorneys can guide you.

Can I Include Digital Assets in My Will?
Yes, you can include digital assets in your will by listing them and providing instructions for access or distribution. Specify passwords or access methods in a separate, secure document to avoid legal issues.

Want to secure your digital legacy? Louwrens Koen Attorneys can assist.

How Are Cryptocurrencies Handled in a Deceased Estate?
Cryptocurrencies are treated as assets and included in the estate’s inventory. The Executor needs private keys or wallet access to transfer them, as outlined in the will, and must report their value for estate duty.

How Does an Executor Access Digital Assets After Death?
The Executor needs account details (e.g., usernames, passwords) or legal authority to access digital assets, as specified in the will or approved by the Master of the High Court. Platform policies may restrict access.

Facing access challenges? Contact Louwrens Koen Attorneys for support.

Are Digital Assets Subject to Estate Duty in South Africa?
Yes, digital assets (e.g., cryptocurrencies, valuable domain names) are included in the estate’s net value for estate duty (20% on the first R30 million, 25% thereafter). Their market value at death is assessed by SARS.

How Can I Protect My Digital Assets in Estate Planning?
 List digital assets in a secure document, store passwords with a trusted attorney or digital vault, and include clear instructions in your will. Update access details regularly to prevent loss.

What Happens if I Don’t Plan for My Digital Assets?
Without planning, digital assets may be inaccessible, lost, or mismanaged, as Executors lack legal authority or access. This can delay estate administration or result in financial loss (e.g., unclaimed cryptocurrencies).
How Can I Protect My Digital Assets in Estate Planning?
List digital assets in a secure document, store passwords with a trusted attorney or digital vault, and include clear instructions in your will. Update access details regularly to prevent loss.

What Happens if I Don’t Plan for My Digital Assets?
Without planning, digital assets may be inaccessible, lost, or mismanaged, as Executors lack legal authority or access. This can delay estate administration or result in financial loss (e.g., unclaimed cryptocurrencies).

Can a Trust Be Used to Manage Digital Assets?
Yes, an inter vivos or testamentary trust can hold digital assets, ensuring controlled management for beneficiaries. The trust deed must specify how digital assets (e.g., crypto wallets) are handled.

Considering a trust? Contact Louwrens Koen Attorneys for tailored planning.

Are There Legal Challenges with Digital Assets in South Africa?
Challenges include platform restrictions, lack of clear legislation, and proving asset ownership. A well-drafted will and secure access instructions help Executors navigate these issues effectively.

F.A.Q - Guardianship and Minor Beneficiaries in South Africa

 In your will, you can nominate a guardian to care for your minor children (under 18) if both parents pass away. The nomination is advisory, but courts typically honor it unless it’s not in the child’s best interest.

A minor’s inheritance is held in a trust, the Guardian’s Fund, or managed by a guardian until they turn 18. The Executor ensures funds are protected and used for the child’s benefit, per the will or law.

Need to secure your children's inheritance? Louwrens Koen Attorneys can assist.

The Guardian’s Fund, managed by the Master of the High Court, holds inheritances for minors without a trust until they reach 18. It’s used when the will doesn’t specify a trust or guardian-managed funds.

Have minor heirs? Louwrens Koen Attorneys can explain your options.

Yes, a testamentary trust created by the will can hold a minor’s inheritance, managed by trustees for their care, education, or other needs. This avoids the Guardian’s Fund and offers more control.

Considering a trust? Louwrens Koen Attorneys can tailor a solution.

In intestate estates, the Master’s Representative places a minor’s inheritance in the Guardian’s Fund or appoints a guardian to manage funds, following the Intestate Succession Act and Children’s Act.

No will in place? Louwrens Koen Attorneys can guide you.

Yes, a guardian can apply to the Guardian’s Fund or trust trustees for funds to cover the minor’s maintenance (e.g., education, healthcare), subject to approval and the child’s best interests.

If a nominated guardian declines or is unfit, the High Court appoints a guardian based on the child’s best interests. You can name alternate guardians in your will to avoid this issue.

A minor’s inheritance is exempt from personal income tax but subject to estate duty as part of the estate’s net value. Income from inherited assets (e.g., investments) may be taxable.

Draft a will nominating a guardian, create a testamentary trust for their inheritance, and specify how funds should be used (e.g., for education). Regular updates ensure your plan remains relevant.

Minors can contest a will through a guardian or legal representative if unfairly excluded or if the will is invalid. Claims under the Maintenance of Surviving Spouses Act may also apply for dependents.

A Family Guide: What to Do After a Loved One’s Passing in South Africa

Losing a loved one is a difficult time, and managing their deceased estate can feel overwhelming. Louwrens Koen Attorneys is here to simplify the process with compassionate, expert guidance. Follow these steps to navigate the administration of your loved one’s estate, and let us support you every step of the way.

1. Notify Relevant Parties and Gather Documents

  • What to Do: Report the death to the Department of Home Affairs to obtain a death certificate. Notify banks, insurers, and employers to secure accounts and benefits. Collect key documents like the death certificate, will (if any), ID, and marriage certificate.
  • How We Help: Louwrens Koen Attorneys assists with document collection and ensures all legal requirements are met efficiently.
    Contact us to streamline this process.

2. Report the Estate to the Master of the High Court

  • What to Do: Within 14 days of death, report the estate to the Master’s Office in the deceased’s jurisdiction (or a Magistrate’s Court for estates under R125,000). Submit forms like the Death Notice and asset inventory, available in our Forms section.
  • How We Help: Our team handles reporting, prepares forms, and secures the Letter of Executorship or Master’s Representative appointment.
    Let us manage the paperwork—reach out today.

3. Understand the Role of the Executor or Master’s Representative

  • What to Do: The Master appoints an Executor (for estates over R250,000) or Master’s Representative (for smaller estates) to administer the estate. They manage assets, pay debts, and distribute inheritances per the will or Intestate Succession Act.
  • How We Help: Louwrens Koen Attorneys can act as your Executor or support a lay Executor, ensuring compliance and efficiency.
    Need an expert Executor? Contact us for professional services.

4. Address Debts and Taxes

  • What to Do: The Executor notifies creditors and pays valid debts from the estate. Estate duty (20% on the first R30 million, 25% thereafter) and other taxes (e.g., capital gains tax) may apply, requiring SARS clearance.
  • How We Help: We manage creditor claims, calculate taxes, and secure tax clearances, minimizing financial stress for your family.
    Facing tax concerns? Let Louwrens Koen Attorneys handle it.

5. Distribute Assets to Beneficiaries

  • What to Do: After debts and taxes are settled, the Executor distributes assets to beneficiaries as per the will or intestate rules. Minors’ inheritances may go to the Guardian’s Fund or a trust.
  • How We Help: Our team ensures fair, timely distribution and sets up trusts for minors, protecting your loved one’s legacy.
    Want seamless distribution? Contact us for expert assistance.

6. Resolve Any Disputes or Challenges

  • What to Do: Disputes (e.g., over the will or beneficiary shares) can delay administration. Mediation or High Court applications may be needed to resolve conflicts.
  • How We Help: Louwrens Koen Attorneys offers mediation and legal support to settle disputes quickly, keeping the process on track.
    Caught in a dispute? Reach out for resolution services.

7. Plan Ahead to Avoid Future Complications

  • What to Do: Encourage surviving family members to draft wills and plan estates to prevent intestate succession or disputes. A will ensures your wishes are followed and simplifies administration.
  • How We Help: We provide will drafting, trust setup, and estate planning services to secure your family’s future.
    Ready to plan your estate? Contact Louwrens Koen Attorneys today.

Why Choose Louwrens Koen Attorneys?

  • Expertise: Decades of experience in deceased estate administration.
  • Compassion: Personalized support during a difficult time.
  • Efficiency: Streamlined processes to reduce delays and stress.
  • Transparency: Clear guidance on costs, taxes, and legal steps.

Take the First Step: Contact Louwrens Koen Attorneys for a free consultation. Let us handle the complexities of your loved one’s estate while you focus on healing. Visit our Contact page or call us to get started.

Why Every South African Needs a Will: Avoid Intestate Succession

Losing a loved one is hard enough without the stress of sorting out their belongings. A will is a simple document that ensures your wishes are followed after you pass away. Without one, your family could face confusion and delays. Here’s why every South African needs a will and how Louwrens Koen Attorneys can help.What Happens Without a Will?If you die without a will, South African law decides who gets your assets under the Intestate Succession Act. This means:

  • Your spouse and children might share your estate, but not always how you’d want.
  • If you have no immediate family, distant relatives could inherit instead.
  • Your partner, if unmarried, might get nothing, even after years together.

This process can take months, cause family disputes, and lead to higher costs. A will prevents these headaches by clearly stating who gets what.Benefits of Having a WillA will is your voice after you’re gone. It lets you:

  • Choose your heirs: Decide who inherits your home, savings, or special items.
  • Protect your kids: Name a guardian to care for minor children.
  • Save on taxes: Plan to reduce estate duty, the tax on your estate.
  • Avoid fights: Clear instructions reduce family arguments.

Writing a will is quick and doesn’t have to be expensive, especially with professional help. How to Get Started

Creating a will is easier than you think:

  1. List your assets (e.g., house, car, bank accounts).
  2. Decide who you want to inherit and who will care for your kids.
  3. Work with an attorney to make it legal—your will must be signed with two witnesses.

Louwrens Koen Attorneys makes this process simple, ensuring your will is valid and your family is protected.Don’t Leave It to ChanceWithout a will, you’re leaving your legacy to chance. A small step today can save your loved ones time, money, and stress tomorrow.Take action now: Contact Louwrens Koen Attorneys for a free consultation to draft your will. 

Visit our Contact page or call us to secure your family’s future.

The Role of Trusts in Protecting Your Estate and Beneficiaries

Planning for your family’s future can feel daunting, but a trust is a powerful tool to protect your money and loved ones. Trusts keep your assets safe and ensure they’re used the way you want, even after you’re gone. Here’s why trusts matter for South Africans and how Louwrens Koen Attorneys can help.What Is a Trust?A trust is like a safe box for your assets—your house, savings, or investments. You hand them over to trusted people (called trustees) who manage them for your family or others (called beneficiaries). You set the rules, and the trustees follow them.Why Use a Trust?Trusts make life easier for your family by:

  • Saving on taxes: Assets in a trust can reduce estate duty, the tax on your estate when you pass away.
  • Protecting your kids: A trust holds money for young children until they’re ready, ensuring it’s used for school or their needs.
  • Keeping assets safe: Trusts shield your money from creditors or risky financial decisions by heirs.
  • Avoiding delays: Unlike estates, trusts don’t always go through the slow Master of the High Court process.

Types of Trusts

  • Living Trust: Set up while you’re alive to manage assets now and later.
  • Will Trust: Created in your will, starting after you pass away, often for kids or special needs family.

How to Start 

Setting up a trust is straightforward with the right help:

  1. Decide what assets go into the trust (e.g., property, savings).
  2. Choose trustees you trust to follow your wishes.
  3. Work with an attorney to create a legal trust document.

Louwrens Koen Attorneys guides you through every step, making sure your trust is set up properly. Secure Your Family’s Future. A trust is a gift to your loved ones, protecting what you’ve worked hard for. Don’t leave their future to chance.

Take the first step: Contact Louwrens Koen Attorneys for a free consultation to explore trusts. Visit our Contact page or call us to start planning today.

Managing Digital Assets in Your South African Estate Plan

In today’s digital age, your estate plan must extend beyond physical assets to include your online presence. Digital assets—cryptocurrencies, social media accounts, cloud-stored files, and domain names—hold financial and sentimental value. Without proper planning, these assets risk being lost or inaccessible after your passing. Here’s how to manage digital assets in your South African estate plan, with Louwrens Koen Attorneys as your trusted partner.Why Digital Assets MatterYour digital footprint is an integral part of your legacy:

  • Financial Value: Cryptocurrencies like Bitcoin or NFTs can represent significant wealth.
  • Sentimental Value: Photos, emails, or social media profiles preserve memories.
  • Business Value: Domain names or online businesses may generate income.

If unmanaged, these assets may be locked behind passwords or platform policies, delaying estate administration or causing losses.Steps to Include Digital Assets

  1. Inventory Your Assets: List online accounts (e.g., banking, social media), crypto wallets, and digital files. Note their value and access details.
  2. Secure Access: Store login credentials or private keys in a secure digital vault or with your attorney, not directly in your will, to protect privacy.
  3. Update Your Will: Specify how digital assets should be transferred, deleted, or managed, naming a tech-savvy Executor if needed.
  4. Consider a Trust: An inter vivos trust can hold high-value digital assets, ensuring seamless management for beneficiaries.

Legal and Practical ChallengesSouth African law doesn’t yet fully address digital assets, creating hurdles:

  • Platform terms (e.g., Google, Meta) may limit Executor access.
  • Cryptocurrency transfers require precise instructions to avoid loss.
  • Estate duty applies to valuable digital assets, requiring accurate valuation.

Professional planning mitigates these risks, ensuring compliance with the Administration of Estates Act.Plan for Your Digital LegacyDon’t let your digital wealth or memories vanish. A forward-thinking estate plan safeguards your assets for future generations.

Act now: Contact Louwrens Koen Attorneys for a complimentary consultation to integrate digital assets into your estate plan. Visit our Contact page or call us to secure your legacy today.

What to Expect When Acting as an Executor in South Africa

Being named an Executor in a loved one’s will is an honor, but it’s also a big responsibility. As an Executor, you manage their deceased estate, ensuring their wishes are followed. The process can be complex, especially for larger estates, and South African law often requires professional help. Here’s what to expect and how Louwrens Koen Attorneys can support you.Your Role as an ExecutorAn Executor wraps up the deceased’s financial affairs by:

  • Reporting the Death: Submit documents like the death certificate and will to the Master of the High Court within 14 days.
  • Listing Assets: Create an inventory of the estate’s assets (e.g., house, car) and debts.
  • Paying Debts and Taxes: Settle creditors and estate duty using estate funds.
  • Distributing Assets: Share what’s left to beneficiaries as per the will or Intestate Succession Act.

Key ChallengesThe job isn’t always easy. You’ll need to:

  • Handle paperwork and deadlines, like submitting a Liquidation and Distribution Account within six months for estates over R250,000.
  • Deal with family disputes or creditor claims.
  • Avoid mistakes, as errors could make you personally liable.

Mandatory Professional Help for Larger EstatesFor estates valued over R250,000, the Master of the High Court requires Executors who aren’t professionals to work with an attorney or trust company. This ensures legal compliance, accurate tax filings, and smooth administration. Without expert help, delays or penalties are common.How to Succeed as an Executor

  • Stay Organized: Keep clear records of all estate transactions.
  • Seek Support: Partner with professionals to navigate complex tasks.
  • Communicate: Keep beneficiaries informed to avoid conflicts.

Louwrens Koen Attorneys can act as your Executor or guide you through the process, ensuring everything is done right.Don’t Go It AloneBeing an Executor is a big task, and for estates over R250,000, the law insists on professional assistance. Let us lighten the load.

Get started today: Contact Louwrens Koen Attorneys for a free consultation to support your Executor role. Visit our Contact page or call us now.

Managing Small Estates Under R250,000 in South Africa

Losing a loved one is hard, and handling their estate can feel overwhelming, even if it’s a smaller one. Estates worth R250,000 or less, known as Section 18(3) estates, follow simpler rules in South Africa. As a family member or appointed Executor, you can manage this process with our help. Louwrens Koen Attorneys offers expert assistance starting at R2,500 to get you appointed, with further support at affordable rates.What Is a Small Estate?A small estate, valued at R250,000 or less, might include a modest home, savings, or personal items. Unlike larger estates, it doesn’t require a complex Liquidation and Distribution Account, and a Master’s Representative (like an Executor) oversees the process.Your Role as a Master’s RepresentativeIf you’re appointed, you’ll:

  • Report the Death: Submit documents like the death certificate to the Master of the High Court or a Magistrate’s Court within 14 days.
  • List Assets and Debts: Note what the deceased owned and owed.
  • Pay Debts: Settle bills or loans using estate funds.
  • Share Assets: Distribute what’s left to family, following the will or Intestate Succession Act if there’s no will.

Why It’s Simpler but Still ChallengingSmall estates are often quicker to settle—about 3–6 months—but paperwork, creditor claims, or family disputes can complicate things. Mistakes could delay the process or cost you personally.Our Affordable SupportLouwrens Koen Attorneys makes it easy:

  • Appointment Assistance: For R2,500, we help you get appointed as the Master’s Representative, handling nomination and Master’s approval.
  • Further Guidance: If you need more help (e.g., with forms or distribution), we provide support at the standard rates set by the Administration of Estates Act—3.5% of assets, 6% of income, minimum R350 (plus VAT if applicable).
  • Stress-Free Process: Our expertise ensures accuracy and peace of mind.

Don’t Face It AloneEven small estates need careful handling. Start with our R2,500 appointment service and get trusted guidance every step of the way.Act now: Contact Louwrens Koen Attorneys for a free consultation. Visit our Contact page or call us to manage your small estate today.

Executor of Estates Services in South Africa – Administered by Louwrens Koen Attorneys

At Louwrens Koen Attorneys, we offer trusted and professional Executor of Estates services across South Africa. With decades of experience in estate law, we provide efficient and legally compliant administration of deceased estates—ensuring peace of mind for families, swift resolution for beneficiaries, and full protection of estate assets.

What Is an Executor of Estate?

An Executor of Estate is a person or entity legally appointed to manage and finalise a deceased person's affairs. The executor’s role is governed by South African legislation, primarily the Administration of Estates Act 66 of 1965, and includes collecting and safeguarding assets, settling debts, and distributing the estate to beneficiaries as per the Will or, in its absence, the Intestate Succession Act.

Step-by-Step Duties of the Executor – Our Full-Service Approach

1. Verification and Retrieval of the Will

We help locate the valid Last Will and Testament and assess its legal validity in terms of the Wills Act 7 of 1953.

2. Reporting the Estate to the Master of the High Court

Our team prepares and submits:

  • Death Notice (Form J294)
  • Inventory of assets (Form J243)
  • Certified copy of death certificate
  • Acceptance of trust and executor forms

3. Appointment as Executor

We apply for and obtain Letters of Executorship, giving us the legal authority to begin administration.

4. Identifying, Securing, and Valuing Estate Assets

We ensure all estate assets are properly accounted for:

  • Real estate and property
  • Vehicles and moveable assets
  • Bank accounts and investments
  • Life insurance and retirement benefits
  • Business ownership and shares

5. Settling All Debts and Liabilities

We ensure all creditors, taxes, and obligations are identified and paid:

  • Funeral costs
  • Outstanding bills
  • SARS taxes and Estate Duty
  • Mortgage or bond accounts

6. Distribution of the Estate

We compile and lodge the Liquidation and Distribution (L&D) Account with the Master for inspection and advertising. After approval, assets are distributed to heirs or legatees.

Why Choose Louwrens Koen Attorneys as Executor?

CriteriaFamily ExecutorLouwrens Koen Attorneys
Legal KnowledgeLimitedHighly Experienced Estate Attorneys
EfficiencySlower, emotional stressStreamlined Legal Process
Risk ManagementHigh legal and financial risksFully Insured & Compliant
Dispute HandlingProne to conflictsObjective Legal Mediation
Knowledge of Estate TaxationLimitedFull SARS and Estate Duty Compliance

Our Executor of Estate Services

  • Professional executor appointments
  • Drafting and interpretation of Wills
  • Lodgement and reporting to Master of the High Court
  • Preparation of L&D accounts
  • SARS submissions and tax clearance
  • Beneficiary communication and distributions
  • Property transfer coordination
  • Estate planning and legal advisory services

Executor Fees in South Africa – Transparent and Regulated

Executor’s remuneration is set by law at 3.5% of the gross estate value and 6% of post-death income. At Louwrens Koen Attorneys, our fee structure is fully transparent and includes no hidden charges. We offer value-driven legal services with premium care and compliance.

Estate Administration Timelines

Typical administration durations range from 6 to 18 months, depending on:

  • Size and complexity of estate
  • Whether the deceased left a valid Will
  • Disputes or legal challenges
  • SARS turnaround times
  • Transfer of immovable property

We utilise proactive, tech-enabled processes to reduce delays and improve turnaround times.

Types of Estates We Administer

Our attorneys are qualified to handle all forms of estates:

  • Testate estates (with a valid Will)
  • Intestate estates (no Will)
  • Deceased estates with international assets
  • Estates with multiple heirs or complex distributions
  • Insolvent or disputed estates
  • Deceased business owners or shareholders

Frequently Asked Questions (FAQs)

Q: Can I appoint an attorney as executor?

A: Yes, appointing an experienced attorney ensures full legal compliance and relieves families of complex responsibilities.Q: What happens if there’s no Will?

A: The estate is distributed under the Intestate Succession Act, based on a fixed hierarchy of relatives.Q: How long does it take to receive inheritance?

A: Typically 6–12 months, depending on estate complexity, Master’s approval, and tax clearance.Q: Are there taxes on inheritance?

A: Yes. Estate Duty, Capital Gains Tax, and Income Tax may apply depending on estate value and asset types.

Contact Louwrens Koen Attorneys Today

Let our team of legal professionals handle your loved one’s estate with care, dignity, and full legal compliance. We manage everything—from initial reporting to final asset distribution—with professionalism and efficiency.

📍 Offices serving Gauteng,  South Africa

📞 Call: 087 001 0733

📧 Email: admin@louwrenskoen.co.za

🌐 www.louwrens-koen.co.za

Trust Louwrens Koen Attorneys—South Africa’s dependable legal partner in Executor of Estates services.