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:
Why Choose Louwrens Koen Attorneys?
How to Engage Our Services. To ensure a productive consultation, please follow these 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.
At Louwrens Koen Attorneys, we:
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.
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.
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
2. Report the Estate to the Master of the High Court
3. Understand the Role of the Executor or Master’s Representative
4. Address Debts and Taxes
5. Distribute Assets to Beneficiaries
6. Resolve Any Disputes or Challenges
7. Plan Ahead to Avoid Future Complications
Why Choose Louwrens Koen Attorneys?
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.
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:
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:
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:
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.
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:
Types of Trusts
How to Start
Setting up a trust is straightforward with the right help:
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.
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:
If unmanaged, these assets may be locked behind passwords or platform policies, delaying estate administration or causing losses.Steps to Include Digital Assets
Legal and Practical ChallengesSouth African law doesn’t yet fully address digital assets, creating hurdles:
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.
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:
Key ChallengesThe job isn’t always easy. You’ll need to:
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
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.
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:
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:
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.
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.
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.
We help locate the valid Last Will and Testament and assess its legal validity in terms of the Wills Act 7 of 1953.
Our team prepares and submits:
We apply for and obtain Letters of Executorship, giving us the legal authority to begin administration.
We ensure all estate assets are properly accounted for:
We ensure all creditors, taxes, and obligations are identified and paid:
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.
Criteria | Family Executor | Louwrens Koen Attorneys |
---|---|---|
Legal Knowledge | Limited | Highly Experienced Estate Attorneys |
Efficiency | Slower, emotional stress | Streamlined Legal Process |
Risk Management | High legal and financial risks | Fully Insured & Compliant |
Dispute Handling | Prone to conflicts | Objective Legal Mediation |
Knowledge of Estate Taxation | Limited | Full SARS and Estate Duty Compliance |
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.
Typical administration durations range from 6 to 18 months, depending on:
We utilise proactive, tech-enabled processes to reduce delays and improve turnaround times.
Our attorneys are qualified to handle all forms of estates:
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.
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
Trust Louwrens Koen Attorneys—South Africa’s dependable legal partner in Executor of Estates services.
Losing a loved one is challenging enough without the added strain of family disputes over their estate. When emotions run high, disagreements about inheritance can escalate, creating tension and delaying the administration process. At Louwrens Koen Attorneys, we understand the complexities of these situations and offer expert mediation and conflict-resolution services to guide families toward fair and peaceful outcomes. Below, we explore common conflicts over inheritance and how our professional support can help resolve them.
Family disputes during estate administration often stem from miscommunication, differing expectations, or unclear estate plans. Here are some of the most frequent issues we encounter:
How to Resolve Family Disputes
Resolving inheritance disputes requires patience, clear communication, and often a neutral third party to facilitate discussions. Here are practical steps to address conflicts, along with how our expertise can make a difference:
At Louwrens Koen Attorneys, we combine compassion with expertise to navigate even the most challenging family disputes. Our mediation and conflict-resolution services are designed to:
Family disputes over inheritance can feel overwhelming, but they don’t have to tear relationships apart. By addressing conflicts early and with professional support, families can find closure and move forward together. At [Your Company Name], we’re here to guide you through every step with empathy and skill.Ready to resolve an estate dispute or learn more about our mediation services? Contact us today for a free consultation. Let us help you restore harmony and ensure your loved one’s legacy is honored.
Complete our online form or email us Info@louwrenskoen.co.za to get started.
The Master of the High Court Embraces Digital Transformation: Streamlining Deceased Estate Administration in South AfricaSouth Africa’s justice system has taken a bold leap into the digital age with the launch of the Master’s Deceased Estate Online Registration System on October 10, 2023. Introduced by the Department of Justice and Constitutional Development (DoJ & CD), this cutting-edge platform, accessible at dojonline.justice.gov.za, is revolutionizing the administration of deceased estates. By prioritizing accessibility, efficiency, and transparency, the system addresses longstanding challenges like backlogs, delays, and the burden of in-person visits, making estate administration faster and more user-friendly for South Africans.A New Era for Estate AdministrationThe Master of the High Court plays a vital role in overseeing deceased estates, insolvent estates, trusts, and the Guardians’ Fund, which safeguards the financial interests of minors and incapacitated individuals. Traditionally, these processes demanded physical visits to Master’s offices, often leading to long queues, significant travel expenses, and delays due to manual paperwork. The new online system transforms this experience by enabling users to register and manage deceased estates digitally from anywhere in the world, with the exception of lodging original wills, which still requires an in-person visit.
Key Benefits of the Online System. The Master’s Deceased Estate Online System introduces a range of features designed to simplify and modernize the estate administration process:
Why This Matters for South Africans. The shift to a digital platform is a game-changer for estate administration in South Africa. It not only streamlines processes but also makes services more accessible to those who previously faced barriers due to distance or limited resources. Whether you’re navigating the loss of a loved one or managing complex estate matters, this system empowers you to handle critical tasks with greater ease and confidence. At Louwrens Koen Attorneys, we’re committed to guiding you through every step of the estate administration process. Our team is well-versed in the new online system and can provide expert support to ensure a seamless experience. Contact us today to learn how we can help you navigate this modern, efficient approach to deceased estate administration.
When making a will, one of the most important decisions you’ll make is choosing an executor—the person or team responsible for carrying out your wishes after you’re gone. While it might be tempting to pick a close family member or friend, there are a few key things to think about to ensure your estate is handled smoothly and fairly. Here’s a simple guide to help you choose the right executor.What Does an Executor Do?An executor steps into your shoes after you pass away. Their job is to manage your assets, pay any debts, file taxes, and distribute what’s left to your loved ones according to your will. It’s a big responsibility that requires organization, fairness, and some know-how. Choosing the right person or team can make all the difference.Key Factors to Consider
Review Your Choice RegularlyLife changes—people move, relationships shift, or health declines. Check your will every few years to make sure your executor is still the right fit. If they’ve moved abroad or their situation has changed, you might need to update your will.Final ThoughtsChoosing an executor is about finding someone you trust who can handle a big job with care and skill. While a loved one might feel like the natural choice, make sure they have the ability to manage the tasks or consider pairing them with a professional. By thinking through these factors, you can help ensure your wishes are carried out smoothly, giving you peace of mind.
A Will is a legal document that says what happens to your belongings after you pass away. It ensures your wishes are followed and prevents stress for your loved ones. Without a Will, the government decides who gets your assets, which may not match your plans. Even if you don’t own much, a Will brings clarity and peace of mind.
A Will outlines how your assets—like money, property, or personal items—are distributed. It can:
A Will only starts working after you pass away. While you’re alive, you can use or sell your assets freely, even if they’re in your Will.
In South Africa, anyone mentally competent can write a Will without a lawyer. Simple Wills can be done using online tools or DIY kits. For complex situations—like multiple assets or blended families—a lawyer can help ensure everything is covered.
If you die without a Will (called “intestate”), courts distribute your assets based on standard laws. This can lead to delays, disputes, and outcomes you wouldn’t want. A Will avoids these issues by clearly stating your wishes.
A valid Will needs:
Review your Will after major life events like marriage, divorce, or a new child. Marriage cancels a Will unless it’s mentioned, and divorce removes your ex-spouse’s benefits. Update it yearly or as needed to keep it current.
Keep your Will safe but accessible. Tell your Executor where it is. A safety deposit box works if your Executor can access it. Avoid places that could delay access, as your Will needs to be available for probate.
Your Executor manages your estate, pays debts, and distributes assets. Pick someone trustworthy and organized. They can also be a beneficiary, like a spouse, as long as they act fairly. Name an alternate Executor in case your first choice can’t serve.
Don’t include funeral plans or organ donation in your Will, as it may not be read in time. Write these in a separate document and share them with your family or Executor. This ensures your wishes are followed quickly.
If leaving assets to minors, set up a trust to manage their inheritance until they’re adults. Specify how funds are used, like for education, to protect their future.
At Louwrens Koen Attorneys, we make preparing a Will simple. Our online process takes 20-30 minutes with easy questions in plain language. No legal knowledge is needed. Once completed, print and sign your Will with two witnesses. Store it safely, and your Executor can present it to the probate court when needed.
A Will is a gift to your loved ones. It ensures your wishes are respected, reduces conflicts, and provides security. Plan ahead with Louwrens Koen Attorneys to create a clear, legally sound Will today.
Becoming a parent—whether through birth, adoption, or gaining a stepchild—is an exciting time filled with joy and new responsibilities. From setting up the nursery to choosing a car seat, you’re focused on keeping your child safe. But one crucial step that might not be on your radar is creating an estate plan. This guide explains why estate planning is essential for new parents, what it involves, and how to make smart choices, like picking the right executor and guardian, in clear, simple language.
Why New Parents Need an Estate Plan
An estate plan is a set of instructions that ensures your child and loved ones are cared for if something happens to you. Life can be unpredictable, and while it’s hard to think about not being there for your child, planning ahead gives you peace of mind. It’s like buckling up your child in a car seat—it’s about safety and protection. Without a plan, a court might decide who raises your child or how your money is handled, and that might not align with your wishes.
Here’s what you need to know to get started:
Choosing a Guardian: Who Will Raise Your Child?
One of the most important parts of your estate plan is naming a guardian—the person who would raise your child if you and your partner pass away. This is a big decision, and it’s worth taking time to think it through.
Why It Matters: If you don’t name a guardian in your will, a court will choose one for you. This could be a family member you wouldn’t have picked, causing extra stress for your child during an already difficult time. Naming a guardian ensures your child is cared for by someone you trust.
Tip for Expecting Parents: Even if you already have kids with guardians named in your will, update it to include your new child. Every child needs a guardian listed.
Choosing an Executor: Who Will Manage Your Wishes?
An executor is the person you choose to carry out your will. They’ll handle your money, pay any bills or taxes, and make sure your assets (like your house or savings) go to the right people, like your child. It’s a big job that requires organization and fairness.What an Executor Does:
What to Consider When Choosing an Executor:
Why It Matters: A good executor ensures your wishes are followed quickly and correctly. A bad choice could lead to delays, family arguments, or even mistakes that cost your child money.Tip: You can name the same person as both guardian and executor, but it’s often better to split these roles. The guardian focuses on raising your child, while the executor handles the money and paperwork.
. Setting Up Your Child’s Financial Future
You want to make sure your child has enough money if you’re not around. Since young children can’t manage money themselves, here’s how to plan:
Why It Matters: A trust keeps your child’s money safe and ensures it’s used the way you want, like for school or a first home. Clear instructions in your will make sure your wishes are followed.
Planning for the Unexpected
Life isn’t just about passing away—it’s also about being prepared if you’re sick or injured and can’t make decisions. Your estate plan should include:
Why It Matters: These steps keep things running smoothly for your child, even if you’re temporarily out of action.5. Why You Shouldn’t WaitIt’s easy to put off estate planning, especially when you’re busy with a new baby. But waiting can leave your child vulnerable. Without a will:
Tip: You don’t need a perfect plan right away. Start with a basic will and update it as your family grows. Louwrens Koen Attorneys can make it easy to create or change your plan from home.
Final Thoughts
Estate planning might feel overwhelming, but it’s one of the best ways to protect your child. By choosing a guardian, picking a reliable executor, setting up a trust, and planning for emergencies, you’re ensuring your child’s future is secure, no matter what happens. Take it one step at a time, talk to your partner, and don’t be afraid to ask a lawyer or online service for help. Your child is worth it.
Writing a will can feel daunting. It’s tough to think about what happens after you’re gone, and the process can seem complicated. But a will is one of the best ways to ensure your loved ones are cared for and your wishes are followed. Unfortunately, many people make simple mistakes that can cause confusion, family arguments, or even make their will invalid.
Here’s a straightforward guide to the most common will-writing mistakes and how to avoid them, written for anyone making a will for the first time.
Why Getting Your Will Right Matters
A will is your chance to say who gets your money, belongings, and even who looks after your kids if you pass away. Mistakes can lead to delays, extra costs, or your wishes being ignored.
By avoiding these errors, you can make things easier for your family and give yourself peace of mind.
1. Not Having a Will at All The biggest mistake is not making a will. It’s understandable—thinking about death isn’t fun, and creating a will takes time and effort. But without one, the government decides who gets your things based on standard rules, which might not match what you want. For example, if you’re married with kids, your spouse might not get everything automatically. If your family doesn’t get along, they could end up in costly court battles. A will lets you stay in control. How to Avoid It: Take the first step and create a will, even a basic one. You can use online tools like Legal Wills or talk to a lawyer to make it simple.
2. Not Telling Anyone Where Your Will Is A will is only helpful if your family can find it. If no one knows it exists or where it’s kept, your wishes might not be followed. How to Avoid It: Store your will in a safe but accessible place, like a locked drawer or a home safe. Tell a trusted family member or friend where it is. You can also give a copy to your executor (the person who carries out your will) or a lawyer.
3. Messing Up the Witnessing Process For your will to be legal, you need to sign it in front of two witnesses who are adults, and they must sign it too—all at the same time. If you skip this step, use only one witness, or don’t follow the rules, your will might not count. How to Avoid It: Make sure you have two people who aren’t named in your will (like friends or neighbors) to watch you sign it. Check your local rules, as some places have specific requirements. Avoid “virtual witnessing” unless you’re sure it’s allowed and done correctly.
4. Losing the Original Will A photocopy of your will usually isn’t enough. Your executor needs the original to carry out your wishes. If it’s lost, they’ll face a complicated process to prove what you wanted, which can be expensive and slow. How to Avoid It: Keep the original in a safe place and let your executor know where it is. If it’s accidentally destroyed (like in a fire), a copy might be accepted, but don’t count on it.
5. Forgetting to Update Your Will Life changes—maybe you have a new child, get divorced, or move to a new place. If your will stays the same, it might not reflect what you want anymore. For example, an old will might accidentally leave money to an ex-spouse or not include a new grandchild. When to Update Your Will:
How to Avoid It: Review your will every few years or after a big life event. Make updates to keep it current, and let your executor know about changes.
6. Changing Your Will the Wrong Way Once your will is signed, you can’t just cross things out or write new instructions on it. Those changes won’t count unless you follow a formal process. How to Avoid It: To make changes, create a new will or add a legal document called a codicil, which must be signed and witnessed like your will. If you’re making lots of changes, it’s usually easier to write a new will.
7. Not Having a Backup Plan What if the people you want to leave your money to pass away before you? Without a backup plan, your estate might follow government rules, which could leave out people you care about. How to Avoid It: Include “what if” plans in your will. For example, if you leave money to your three kids, add that if one passes away, their share goes to their children or the other siblings. Always name backup beneficiaries and executors in case your first choices can’t step in.
8. Forgetting to Name a Guardian for Your Kids If you have young children, your will should say who will raise them if you’re no longer around. Without a guardian named, a court will decide, and it might not be someone you’d choose. How to Avoid It: Pick a guardian you trust who shares your values and can care for your kids. Talk to them to make sure they’re willing. Write their name in your will, and consider naming a backup guardian too.
9. Leaving Out Step-Children If you want your step-children to get something from your will, you need to name them specifically. Just saying “my children” only covers your biological or adopted kids, not step-children, even if you raised them. How to Avoid It: List your step-children by name in your will if you want them to inherit. Double-check with a lawyer to make sure it’s clear.
10. Not Setting Up Trusts for Young Kids Kids under 18 can’t manage big inheritances like money or property. If you leave assets directly to them, a court might step in, which can be complicated. A trust lets you control how and when your kids get their inheritance. How to Avoid It: Set up a trust in your will for young beneficiaries. Choose a trusted person (a trustee) to manage the money until your kids are older, like 21 or 25. You can say how the money should be used, like for school or a first home.
11. Picking the Wrong Executor Your executor is the person who makes sure your will is followed. Choosing someone who’s unreliable, too busy, or not good with paperwork can cause delays or mistakes. For example, an older relative or a friend who’s moved overseas might not be the best fit. How to Avoid It: Pick someone organized, trustworthy, and local. Talk to them first to make sure they’re willing. You don’t need a professional, but a lawyer or trusted advisor can be a good choice if your estate is complex. Name backups in case your first choice can’t do it.
12. Being Vague About Personal Items Family fights often happen over small, sentimental things like jewelry or family heirlooms. If your will isn’t clear about who gets what, it can lead to hurt feelings. How to Avoid It: Make a list of special items and who should get them. Keep it with your will or include it in a separate note (check local rules to make sure it’s legal). Be specific—for example, say “my gold necklace with the heart pendant” instead of “my necklace.”
13. Being Too Specific or Not Specific Enough Your will needs to strike a balance. Being too vague, like saying “my favorite painting goes to John,” can cause confusion if you have multiple paintings. But being too specific, like “my blue Toyota Camry goes to Sarah,” can be a problem if you sell the car later. How to Avoid It: Use clear but flexible language, like “my car at the time of my death goes to Sarah.” Update your will if you sell or buy big items. Always use full names and explain who people are (e.g., “my son, John Smith”).
14. Not Planning for Changes in Value If your will leaves specific amounts of money or assets, changes in their value could lead to unfair results. For example, if you leave R50,000 to a charity and the rest to your kids, but your estate shrinks, your kids might get less than you planned. How to Avoid It: Use percentages instead of fixed amounts (e.g., “10% to charity, 90% to my kids”). This adjusts automatically if your estate changes.
Review your will regularly to make sure it still works. Final Thoughts Writing a will is one of the kindest things you can do for your family. It ensures your wishes are followed and saves your loved ones from stress and confusion. By avoiding these common mistakes—making a will, keeping it updated, being clear, and choosing the right executor—you can create a plan that works. Start small, use online tools or a lawyer for help, and check your will every few years. You’ll feel better knowing your family is protected, no matter what.
Dying without a Will, or intestate, can create problems for your loved ones. In South Africa, if you pass away without a Will, your estate is divided according to the Intestate Succession Act. This law decides who gets your assets, which may not match your wishes. The process can also be slow and complicated. At Louwrens Koen Attorneys, we help you create a Will to ensure your estate is distributed as you want.
What is Intestate Succession?
Intestate succession is the legal process that divides your estate if you die without a Will. The Intestate Succession Act (Act 81 of 1987) sets the rules. Usually, your spouse and children inherit first. A surviving spouse gets at least R125 000,000 or a child’s share, whichever is larger. If you have no spouse or children, parents or siblings may inherit. If no relatives are found, your estate goes to the state.
The Intestate Succession Act lists who inherits in this order:
What happens if you die without a Will?
Here are common scenarios:
Why You Definitely Need a Will
A Will ensures your estate goes to the people you choose. It prevents conflicts and simplifies the process for your family. You can:
How Louwrens Koen Attorneys Can Help
At Louwrens Koen Attorneys, we make creating a Will simple and affordable. Our experienced team guides you to draft a legally valid Will that reflects your wishes. We ensure your estate is managed smoothly, protecting your loved ones from the stress of intestate succession. Our services also include estate planning tools to organize your assets and appoint executors.
Take Control of Your Legacy
Dying without a Will can lead to confusion, delays, and disputes. The Intestate Succession Act may not align with your intentions. A Will ensures your assets are distributed as you want, providing peace of mind for you and your family. Don’t leave your legacy to chance. Contact Louwrens Koen Attorneys today to draft your Will. It takes less than an hour and costs less than you think.
Secure Your Family’s Future
At Louwrens Koen Attorneys, we help you create a Will that protects your loved ones and honors your wishes. Call us or visit our website to get started. Estate planning is about clarity, security, and peace of mind. Act now to safeguard your legacy.