South African Deceased Estate Administration Made Simple

Efficient Estate Administration 
Legal Services Tailored to Your Needs
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Louwrens Koen Attorneys
info@louwrenskoen.co.za

Estate Administration: Navigating Loss with Compassion and Expertise

Losing a loved one is a profoundly personal and challenging journey. In the midst of grief, the added responsibility of managing complex financial affairs and legal requirements can feel overwhelming.At Louwrens Koen Attorneys, we specialize in deceased estate administration across South Africa. Our mission is to provide a seamless, dignified process that ensures your loved one’s legacy is handled with the utmost care, efficiency, and legal precision.

Our Comprehensive Estate Services

We provide tailored solutions for estates of all sizes, ensuring strict adherence to the Administration of Estates Act 66 of 1965. Our team handles the administrative burden so you can focus on what matters most.

Key Service Areas:

  • Estate Reporting: We facilitate the formal notification to the Master of the High Court, preparing the Death Notice and preliminary inventory within the mandatory 14-day period.
  • Executor Appointments: We secure Letters of Executorship (estates over R250,000) or Letters of Authority (estates under R250,000) to grant the legal power required to manage assets.
  • Asset & Debt Management: Our team identifies, secures, and values all assets—from immovable property to investments—while settling all valid estate liabilities.
  • Liquidation & Distribution (L&D) Accounts: We prepare meticulous formal reports for the Master’s approval, ensuring transparency in how assets are collected and debts are discharged.
  • Tax & Legal Compliance: We manage all SARS obligations, including Estate Duty, Income Tax, and Capital Gains Tax, to obtain necessary clearances.
  • Property Transfers: We oversee the legal registration of property transfers to ensure heirs receive their rightful inheritance.

Understanding the Process: Small vs. Large Estates

The administrative path is determined by the total gross value of the deceased’s assets:

FeatureSmall Estates (Under R250,000)Large Estates (Over R250,000)
Legal DocumentLetters of AuthorityLetters of Executorship
ProcessSimplified; often no formal L&D account required.Formal process involving advertising for creditors.
TimelineGenerally faster; fewer statutory requirements.6–18 months; requires 21-day public inspection.

Transparent & Regulated Fees

We believe in financial clarity during difficult times. Our fees are strictly aligned with South African statutory regulations:

  • Executor’s Remuneration: Capped at 3.5% of the gross estate value and 6% of income earned after death.
  • Small Estates: Support for Master’s Representative appointments starts at a competitive R2,500.
  • External Disbursements: We provide clear guidance on third-party costs, such as Master’s fees (capped at R7,000), valuation fees, and mandatory Government Gazette advertisements.

Why Choose Louwrens Koen Attorneys?

Led by Louwrens Koen (admitted as an attorney in 1995), our firm blends decades of legal tradition with a modern, tech-enabled approach to law.

  • Proven Expertise: Deep specialization in South African estate law and tax compliance.
  • Efficiency-Driven: We use electronic systems to minimize delays and expedite the distribution process.
  • Personal Support: Our dedicated specialists, including Hanelie De Beer, offer empathetic guidance at every milestone.

How to Get Started

We prioritize inquiries received through our digital platform to ensure a swift response.

  1. Enquire Online: Complete our [Secure Estate Administration Form] for a no-obligation assessment.
  2. Expert Consultation: After reviewing your details, we will contact you to provide a focused consultation and outline the roadmap for the estate.

Contact Details

  • Email: admin@louwrens-koen.co.za | info@louwrenskoen.co.za
  • Phone: +27-870010733
  • Office: 416 Kirkness Street, Arcadia, Pretoria, South Africa

Simple & Reliable Will Drafting

Most of us know we should have a Will, but it’s one of those tasks that is easy to put off. At Louwrens Koen Attorneys, we try to make the process as easy and stress-free as possible. We don't believe in making things more complicated than they need to be.

Benefits of Using Our Will Drafting:

  • Compliance with the Will Act: We ensure all formalities—from signatures to witness requirements—are strictly followed.
  • Protection for Minor Children: We specialize in drafting a Will for minor children in South Africa, including the establishment of a Testamentary Trust to prevent their inheritance from being paid into the Guardian’s Fund.
  • Estate Protection: Strategic estate planning minimizes unnecessary taxes and executor fees, ensuring more of your wealth goes to your beneficiaries.
  • Secure Will Storage: We offer secure Will storage solutions, so your family knows exactly where to find your original document when it is needed most.

Our Online Will Application Process

We have revolutionized estate protection in South Africa by making it accessible. Our affordable will drafting process can be started from the comfort of your home.

  1. Online Instruction: Complete our secure online will application form.
  2. Attorney Review: Our will drafting attorneys review your instructions and draft a bespoke last will and testament.
  3. Execution: We provide clear instructions on how to sign and witness your Will to ensure it is legally binding.

When Should You Update Your Will?

A Will is not a "set and forget" document. You should contact an estate planning attorney to update your Will if:

  • You get married or divorced.
  • You have or adopt a child.
  • You acquire significant new assets or property.
  • A named executor or beneficiary passes away.

Frequently Asked Questions

Is an online Will legally valid?Yes, provided it is printed and signed in the presence of two witnesses in accordance with the Will Act 7 of 1953. Digital signatures are currently not recognized for Wills in South Africa.What happens if I die without a Will?Your estate will be wound up under the Intestate Succession Act. This process is often slower, more expensive, and may result in assets being distributed to relatives you did not intend to benefit.

Contact Louwrens Koen Attorneys Today

Don’t leave your family’s future to chance. Trust the estate planning experts to draft a clear, legally sound, and affordable Will.

  • Tel: 087 0010 733
  • Email: info@louwrenskoen.co.za
  • Web: Apply Online

Testamentary Trust Registration Services in South Africa

A testamentary trust is a powerful estate-planning tool created through a Will to protect assets and provide long-term financial security for your loved ones after your death. When properly structured and registered, it ensures that inheritances — especially those intended for minor children or vulnerable beneficiaries — are managed responsibly and in accordance with your wishes.At Louwrens Koen Attorneys, we provide professional testamentary trust drafting and registration services across South Africa, guiding you through every legal requirement with care, clarity, and precision.

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 - Estate Administration Services 

  • Louwrens Koen Attorneys Office 4, 2nd Floor, Gate 12, Loftus Versveld Stadium, 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.

The timeline varies depending on the complexity of the estate. A Small Estate (under R250,000) can often be finalized within a few months. A Large Estate (over R250,000) typically takes between 6 to 18 months. Factors such as property sales, tax clearances from SARS, and delays at the Master’s Office can influence this timeframe.
When someone passes away without a valid Will, their estate is distributed according to the Intestate Succession Act. This means the law determines who the heirs are (usually the surviving spouse and children). Our team is in navigating intestate estates and ensuring the correct legal protocols are followed.
Yes, you can be appointed as the Executor. However, the Master of the High Court usually requires an "unprofessional" Executor to be assisted by a qualified agent, such as an attorney or trust company, to ensure the legal requirements of the Administration of Estates Act are met.
Letters of Executorship are formal documents issued by the Master of the High Court. They grant the Executor the legal authority to handle the deceased's assets. Without this document, you cannot close bank accounts, sell property, or distribute funds to heirs.
Debts are paid from the assets of the estate, not by the heirs personally. Before any inheritance is distributed, the Executor must ensure all creditors are paid and tax obligations to SARS are settled. If the estate has more debt than assets (insolvent), a specific legal process must be followed.
Beyond the regulated 3.5% Executor’s fee, you should account for:
  • Master’s Fees: A sliding scale up to a maximum of R7,000.
  • Advertising Costs: Required notices in the Government Gazette and a local newspaper.
  • Conveyancing Fees: If there is immovable property to be transferred.
  • Valuation Costs: For appraising assets like jewelry, vehicles, or property.

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.

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

By Hanelie De Beer, Candidate Attorney

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

By Hanelie De Beer, Candidate Attorney

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.

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.

Navigating Family Disputes During Estate Administration

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.

Common Conflicts Over Inheritance

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:

  1. Disagreements Over Asset Distribution
    Siblings or heirs may feel that assets, such as property, heirlooms, or financial accounts, were unfairly divided. This can happen when a will is vague or when one heir believes they deserve a larger share due to their relationship with the deceased or contributions made during their lifetime.
  2. Challenges to the Will’s Validity
    Family members may question the legitimacy of a will, suspecting undue influence, fraud, or lack of mental capacity at the time it was created. These challenges can lead to lengthy legal battles if not addressed promptly.
  3. Conflicts Between Executors and Beneficiaries
    Executors, tasked with managing the estate, may face criticism or distrust from beneficiaries who question their decisions or suspect mismanagement. This tension can escalate without clear communication.
  4. Unequal Treatment of Heirs
    When a will favors one heir over others—intentionally or unintentionally—it can lead to feelings of resentment or betrayal, especially if the reasoning isn’t clear.
  5. Disputes Over Sentimental Items
    Personal belongings, like jewelry, family photos, or collectibles, often carry deep emotional value. Disagreements over who inherits these items can be as contentious as disputes over financial assets.
  6. Intestate Estates (No Will)
    When someone passes away without a will, state laws dictate asset distribution, which may not align with family expectations. This can lead to disputes, particularly in blended families or when distant relatives are involved.

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:

  1. Open Communication
    Encourage family members to express their concerns in a calm, structured setting. Misunderstandings often arise from assumptions or lack of clarity about the deceased’s wishes.
    How We Help: Our mediators create a safe space for dialogue, ensuring all parties feel heard. We guide discussions to focus on solutions rather than blame.
  2. Clarify the Will or Legal Framework
    Many disputes stem from confusion about the will or applicable laws. Reviewing the document or intestate rules with a professional can clear up misconceptions.
    How We Help: Our team explains complex legal terms in plain language and verifies the will’s validity, reducing grounds for conflict.
  3. Engage a Neutral Mediator
    A mediator facilitates negotiations, helping families reach agreements without resorting to costly litigation. Mediation is often faster and less adversarial than court proceedings.
    How We Help: Our experienced mediators specialize in estate disputes, using proven techniques to de-escalate tensions and find mutually acceptable resolutions.
  4. Document Agreements Clearly
    Once a resolution is reached, formalizing it in writing prevents future misunderstandings. This may involve updating estate documents or creating legally binding agreements.
    How We Help: We coordinate with legal professionals to ensure all agreements are properly documented and enforceable.
  5. Seek Legal Guidance When Necessary
    In cases where disputes escalate or involve complex legal issues, such as contested wills, professional legal support is crucial to protect everyone’s rights.
    How We Help: We work alongside trusted estate attorneys to provide comprehensive support, ensuring disputes are resolved efficiently and fairly.

Why Choose Us?

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:

  • Reduce Stress: We handle the complexities of disputes, allowing families to focus on healing and honoring their loved one’s memory.
  • Save Time and Money: Our mediation approach is often faster and more cost-effective than litigation, preserving estate assets for beneficiaries.
  • Promote Fairness: As neutral facilitators, we ensure all voices are heard and work toward equitable solutions that respect the deceased’s wishes.
  • Provide Expertise: With years of experience in deceased estate administration, our team understands the emotional and legal nuances of inheritance disputes.

A Path to Peaceful Resolution

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 Estates Admin

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:

  • Online Registration and Form Submission: Users can now complete and submit estate reporting forms digitally, reducing reliance on paper-based processes.
  • Appointment Booking: For tasks requiring a visit, such as submitting an original will, the system allows users to book appointments online, choosing a time slot that suits their schedule.
  • Real-Time Status Updates: Stay informed with instant updates on your application’s progress via SMS or email, ensuring full transparency.
  • Self-Service Kiosks: For those without personal access to technology, Master’s offices provide self-service kiosks to support system use.
  • Cost and Time Efficiency: By minimizing the need for travel and in-person visits, the system saves significant time and money, particularly for individuals in rural or remote areas.

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.

Choosing the Right Executor for Your Will: What You Need to Know

By Hanelie De Beer, Candidate Attorney

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

  1. Skills and Expertise
    Being an executor involves more than just following instructions. They need to:  
    • Understand finances, taxes, and estate laws.  
    • Handle tasks like creating an inventory of your assets, filing tax returns, paying estate duties, and managing bank accounts.  
    • Stay organized, meet deadlines, and communicate with government offices like SARS and the Master’s Office.
      • If your favorite aunt or best friend doesn’t have these skills, they might struggle. You could consider naming a trusted family member alongside a professional, like a lawyer or fiduciary expert, to share the load. This way, you combine personal trust with professional know-how.
  2. People Skills
    An executor will deal with your family, heirs, creditors, and others. Family dynamics can get tricky, especially when emotions are high. Your executor needs to:  
    • Stay neutral and fair, even if there’s tension.  
    • Communicate clearly and sensitively with everyone involved.  
    • Make tough decisions, like selling assets, without favoritism.
      • Think about whether your chosen person can handle these situations calmly and objectively.
  3. Professional Help
    You can name a family member or friend as your executor, but the Master of the High Court must approve them. If they don’t think your choice is qualified, they might require a professional (like an attorney) to assist. This could mean a stranger ends up handling most of the work, which might not be what you want. To avoid this, you could appoint a professional firm or a co-executor with expertise to ensure everything is done right.
  4. Where They Live
    If your executor lives outside South Africa, it can slow things down and add costs. The Master’s Office might ask them to provide a bond of security (a kind of financial guarantee), and notarizing foreign documents can get expensive. It’s usually better to choose someone based in South Africa to keep things simple.
  5. Family Members or Beneficiaries as Executors
    You can name someone who will inherit from your will as your executor, but this can create problems. For example:  
    • If your spouse is the executor but your children from a previous marriage make claims, it could put them in a tough spot.  
    • Grief might make it hard for a close family member to focus on the job.
      • Consider choosing someone who isn’t a beneficiary to keep things fair and less emotional.
  6. Costs
    Executors are entitled to a fee, set by law at up to 3.5% (plus VAT) of your estate’s value, plus 6% of any income collected after your death. These fees apply whether you choose a friend or a professional. You can try to negotiate a lower fee in your will, but if a professional is brought in to help an unqualified executor, the fee might be split, which could slow things down. Be clear about costs when making your choice.
  7. Age and Health
    Think about the age and health of your executor. Some tasks, like visiting SARS or the Master’s Office, require physical effort. Also, if you name one person, there’s a chance they could pass away before you. To be safe, consider naming a backup executor or a professional firm that will always be available.
  8. Multiple Executors
    Naming more than one executor might seem like a good idea, but it can complicate things. They might disagree on decisions, and coordinating schedules for tasks like signing documents can be tricky. If one executor is also a beneficiary, others might worry about bias. Keep it simple by choosing one trusted person or a professional team.

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 Simple Guide to Preparing a Will – 2026

Why You Need a Will

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.

What Is a Will?

A Will outlines how your assets—like money, property, or personal items—are distributed. It can:

  • Name an Executor to manage your estate.
  • Set up trusts for children.
  • Appoint guardians for minors.
    It’s not a Living Will, which covers medical decisions if you can’t make them.

Key Benefits of a Will

  • Control: You decide who gets what, avoiding disputes.
  • Care: Ensures loved ones are provided for, like naming beneficiaries for life insurance.
  • Clarity: Reduces family conflicts by giving clear instructions.

When Does a Will Take Effect?

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.

Do You Need a Lawyer?

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.

What Happens Without a Will?

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.

How to Write a Will

A valid Will needs:

  • Your name and clear intent.
  • A statement revoking old Wills.
  • An Executor to handle your estate.
  • Instructions for paying debts and taxes.
  • Details on who gets your assets.
    Sign it with two witnesses who aren’t beneficiaries. Each page should be initialed.

Updating Your Will

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.

Storing Your Will

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.

Choosing an Executor

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.

Funeral and Organ Donation Wishes

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.

Trusts for Children

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.

Why Choose Louwrens Koen Attorneys?

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.

Final Thoughts

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.

Estate Planning for New Parents: A Simple Guide to Protecting Your Child’s Future

By Hanelie De Beer, Candidate Attorney

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.

  • Values and Beliefs: Pick someone who shares your views on things like religion, education, and discipline. You want your child raised in a way that feels right to you.
  • Lifestyle and Location: Will your child stay near their friends, school, or family, or would they have to move far away? Does the guardian’s lifestyle allow them to care for your child the way you’d want?
  • Energy and Health: Raising a child takes energy. Is the guardian physically and emotionally able to handle the job? (For example, grandparents might love your child but may not have the stamina for parenting.)
  • Comfort Level: Does your child already know and feel comfortable with this person? If the guardian has kids, will your child fit in?
  • Agreement: Talk to the person you’re considering. Make sure they’re willing and ready to take on this role. It’s a tough but necessary conversation.

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:

  • Collects and lists everything you own (like your house, car, or bank accounts).
  • Pays any debts or taxes you owe.
  • Distributes what’s left to your child or other loved ones as you’ve instructed.
  • Talks to family, banks, and government offices to get everything done.

What to Consider When Choosing an Executor:

  • Skills: They need to be organized and comfortable with tasks like managing money or filling out paperwork. If your best friend or sibling isn’t good with these things, they might struggle.
  • Fairness: Pick someone who can stay neutral, especially if family members disagree. It’s often better to choose someone who won’t inherit anything from your will to avoid conflicts.
  • Location: Someone living in South Africa is ideal. If they’re overseas, it could slow things down and cost more due to extra paperwork.
  • Health and Age: Choose someone who’s healthy and likely to be around when you need them. You can also name a backup executor in case your first choice can’t do the job.
  • Professional Help: If your executor isn’t experienced, they might need to hire a lawyer or expert to help. You could name a professional (like a lawyer) as a co-executor to make things easier.

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:

  • Create a Trust: Instead of leaving money directly to your child, put it in a trust. A trust is like a safe box that holds your money or assets until your child is ready. You choose a trusted person (called a trustee) to manage it and decide when and how your child gets the money—for example, at age 21 or after finishing college.
  • Name Beneficiaries: In your will, list who gets what. For example, you might leave your savings to your child or a special necklace to your stepchild. Being clear prevents confusion or fights later.
  • Plan for Unborn Children: If you might have more kids later, write your will to include “all my children.” This way, any future kids are automatically covered without needing to update your will.

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:

  • Financial Power of Attorney: Name someone to pay bills or manage your money if you’re unable to, like if you’re in the hospital. This ensures your child’s needs, like food or rent, are covered.
  • Healthcare Proxy (Living Will): Choose someone to make medical decisions for you if you can’t, and write down your wishes (like what treatments you’d want). This reduces stress for your family and child.

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:

  • A court might pick a guardian you wouldn’t choose.
  • Your money might not go where you want.
  • Your family could face delays or arguments, adding stress for your child.

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.

Common Mistakes to Avoid When Writing Your Will

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: 

  • You get married or divorced.
  • You have a child or grandchild.
  • Someone named in your will passes away.
  • You move to a new province or country.
  • You buy a big asset, like a house, or start a business.

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.

The Consequences of Dying Without a Will in South Africa

By Hanelie De Beer, Candidate Attorney

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:  

  • Spouse and children: Your spouse gets at least R250,000 or a child’s share. The rest is split equally among your children.  
  • Spouse only: Your spouse inherits everything.  
  • Children only: Your children share the estate equally.  
  • Parents: If no spouse or children, your parents inherit equally.  
  • No relatives: The state takes your estate.
    Adopted children inherit the same as biological children.

What happens if you die without a Will?

Here are common scenarios:  

  • If you leave a spouse and children, they share your estate, but the split may not suit your wishes.  
  • If you leave only a spouse, they get everything.  
  • If you leave only children, they split the estate equally.  
  • If you leave neither, your parents inherit.  
  • If no relatives exist, your estate goes to the state.
    Without a Will, your loved ones may face delays, disputes, or unintended outcomes.

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:  

  • Specify how much each person inherits.  
  • Appoint a guardian for your minor children.  
  • Protect your spouse’s financial future.  
  • Name beneficiaries like friends or charities.
    Without a Will, your spouse or children might not get enough, and your wishes for your children’s care may be ignored. If married in community of property, your estate could face extra complications. A Will gives you control.

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.

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Estate Duty

Deceased Estate Checklist: Documents Required to Begin

To expedite the reporting process to the Master of the High Court, please gather as many of the following documents as possible.

1. Personal Documents of the Deceased

  • Original Will: The most recent valid Last Will and Testament (if applicable).
  • Death Certificate: The original or a certified copy issued by Home Affairs.
  • Identity Document: A certified copy of the deceased’s ID or passport.
  • Marriage Certificate: If applicable, including any Antenuptial Contract (ANC).
  • Divorce Orders: If the deceased was divorced, a certified copy of the final Decree of Divorce.
  • Death Certificate of a Pre-deceased Spouse: If applicable.

2. Asset Information

  • Title Deeds: For any immovable property (or the name of the bank where the bond is held).
  • Vehicle Registration: Logbooks or registration papers for cars, trailers, or boats.
  • Bank Statements: Recent statements for all current, savings, and investment accounts.
  • Share Certificates: Documentation for stocks, shares, or unit trusts.
  • Life Insurance Policies: Details of any policies, including the name of the insurer and policy numbers.
  • Business Interests: Any partnership agreements or shareholder certificates.

3. Liabilities and Debt Information

  • Mortgage Bond Details: Current outstanding balance on home loans.
  • Credit Card & Retail Accounts: Recent statements for all outstanding debt.
  • Medical Aid & Hospital Bills: Any unpaid medical expenses.
  • Funeral Expenses: Invoices and proofs of payment for funeral arrangements.

4. Beneficiary Information

  • Identity Documents: Certified copies of the ID/Passports of all named heirs and beneficiaries.
  • Proof of Relationship: Birth certificates (if the deceased died without a Will and children are heirs).
  • Contact Details: Current addresses, phone numbers, and email addresses for all heirs.

Pro-Tip for Clients

Note: Do not worry if you cannot find every single document immediately. We can assist in tracing certain assets and obtaining valuations; however, having the Original Will and Death Certificate is the critical first step to starting the legal process.

Deceased Estate Administration: How We Can Help

Losing a loved one is a lot to handle, and the paperwork that follows shouldn't make things harder. At Louwrens Koen Attorneys, we offer a steady hand to help you navigate the practical side of things.We don't believe in over-complicating matters. Our goal is simply to provide everyday quality service that gets the job done correctly and transparently.

Why Work With Us?

  • We Know the Way: We’ve been helping South African families with estate matters for decades. We understand the process and can guide you through each step without the legal jargon.
  • Transparent Fees: We stick to the regulated rates. You’ll always know what the costs are upfront, with no hidden surprises during an already difficult time.
  • A Personal Touch: We aren't a giant, faceless corporation. When you call or visit, you’ll deal with real people—like Louwrens Koen or Hanelie De Beer—who genuinely care about getting things right for your family.
  • Peace of Mind: As members of the Law Society of South Africa, we follow straightforward ethical guidelines. We handle your loved one’s affairs with the same respect and honesty we would want for our own families.
  • Modern & Efficient: While we value traditional service, we use modern tools to keep things moving. We aim to settle estates as quickly as the law allows, usually between 6 and 18 months.

Let’s Make it Simple

If you’ve been put in charge of an estate and aren't sure where to begin, we’re here to help. You don't need to have everything figured out before you contact us.

Would you like to start with a simple, no-pressure chat? You can fill out our basic [Online Enquiry Form], and we’ll get back to you to discuss how we can assist.