WILLS & ESTATES

WILLS & ESTATES IN SOUTH AFRICA

Your Preferred Legal Partner In Wills, Estates & Trusts Law In South Africa

WHAT DOES WILLS & ESTATES LAW IN SOUTH AFRICA ENTAIL?

Wills & Estates law is the legal practice area of South African law, focusing on issues involving estate planning ensuring that financial complications do not occur after one’s passing. Without proper estate administration, even the wealthiest families can suffer severe financial losses due to the deceased’s estate not being adequately identified and safeguarded by legal experts. Wills and Estates Law aims at aiding and assisting families/parties/individuals in advising on wills, trusts and deceased estates tax issues, conducting necessary litigation and providing opinions for litigation matters. Drafting essential legal documents such as valid wills and estate planning and trust documents all form part and parcel of the primary function in wills and estates law and trust matters in South Africa.

LEADING WILLS & ESTATES ATTORNEYS

PM Attorneys are one of the leading wills and estates law firms in Pretoria, practising from their offices in Centurion. Our specialist estate planning lawyers and Estate Law firm has successfully been operating since 2008, delivering clients across South Africa with the best legal solutions based on experienced South African F Estates Law and its successful interpretation. PM Attorneys’ wills and estates experts employ a formidable litigation team with extensive experience in dealing with all wills and estates matters, trusts, estate planning and deceased estate legal disputes. We assist parties with drafting legally valid wills, the safekeeping of wills, estate planning guidance, administration and claims against deceased estates, legal advice on deceased estates, and the administration and creation of trusts.

WILLS & ESTATES

SPECIALIST WILLS & ESTATES LAW ATTORNEYS – OUR ESTATE PLANNING LAW SERVICES

Avoiding implementing a thorough estate plan often results in chaos and family feuds upon the death of a loved one. PM Attorneys are proficient in all aspects of estate planning and advise clients on the best possible structure for their unique circumstances. Our specialist services include:

Drafting of Wills

A will is one of the most important legal documents you will ever conclude. Many individuals find the process of drafting a Will difficult and inconvenient. At PM Attorneys, we have years of experience in preparing legal and valid wills that are easy and convenient for clients. We pride ourselves on offering ideal solutions for all individuals irrespective of their circumstances. Our specialist service offering and expertise lie in drafting simple and complex wills, worldwide and offshore wills, wills with the inclusion of trusts and Shari’Ah compliant wills.

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Estate Planning

The Estate Planning process involves drafting several legal documents to ensure that you create and maintain a particular lifestyle for you and your family whilst alive. More importantly, providing a living standard for your loved ones after your death. PM Attorneys specialise in minimising estate duties and inheritance tax and ensure sufficient capital is kept aside to meet the estate’s financial obligations upon death. Our consistent aim is to ensure that any inheritances are sufficiently distributed or protected for your younger beneficiaries.

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Administration of Deceased Estates

Winding up a Deceased Estate is often one of the most emotional, time-consuming and burdensome process for a loved one to experience. For most, it becomes a time fraught with legal, financial and procedural obstacles. PM Attorneys’ Estate Administration experts take care of the entire process, ensuring this pressure and burden is lessened for the family members involved. The administering of deceased estates in terms of the Administration of Estates Act 66 of 1965 and the duties thereof will be taken care of swiftly and professionally by our legal team.

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Claims Against Deceased Estates

All assets, income and liabilities of a deceased person are referred to as a deceased estate. However, it is essential to remember that ‘deceased estates’ refers to a legal term and not an individual or person. Once a death is reported to the Master of the High Court,  an executor of a Master’s representative is nominated and appointed and becomes the representative of the deceased estate. The executor is not liable for debts in the estate but is instead mandated to act on behalf of the estate in winding up its financial affairs. PM Attorneys assist both aggrieved loved ones and creditors in initiating claims against deceased estates.

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Registration and Administration of Trusts

Choosing the right type of trust for you and your family is of utmost importance. Trusts are vital financial and estate planning tools that can assist in protecting your business and personal assets during and after your lifetime for your intended beneficiaries. When deciding which trust is best for you, there are crucial points to consider. PM Attorneys’ trust specialists advise parties on all aspects involved and take care of the registration and administration of inter-vivos and testamentary trusts under The Trust Property Control Act no 57/1988. Our experts further assist in resolving disputes amongst trustees and/or beneficiaries.

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Legal Advice on Deceased Estates

In terms of section 35(1)(a) of the Administration of Estates Act 66 of 1965, an executor of a deceased estate shall, within six months after letters of executorship have been granted to him, submit to the Master of the High Court, an account in the prescribed form of the liquidation and distribution of the estate. The drafting of a liquidation and distribution account requires the necessary expertise and that is where our law firm comes in. Before a deceased estate is administered, it is mandatory to establish whether the estate is to be administered in accordance with the Intestate Succession Act 81 of 1987 or the Wills Act 49 of 1996.

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Inter-vivos Trust

An inter-vivos trust, also known as a living trust or a revocable trust, is a legal arrangement in which a person (known as the grantor or settlor) transfers their assets to a trust during their lifetime for the benefit of themselves and/or others. Unlike a testamentary trust, which is created through a will and takes effect upon the grantor’s death, an inter-vivos trust is established while the grantor is still alive. In an inter-vivos trust, the grantor typically serves as the initial trustee and retains control over the trust assets.

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Testamentary Trust

A testamentary trust is a type of trust that is established through a person’s will and comes into effect upon their death. It is a legal arrangement that allows the testator (the person making the will) to specify how their assets and property should be managed and distributed after their passing. The trust is created by including specific provisions in the testator’s will, which outline the terms and conditions under which the trust will operate. In South Africa, the requirements for a testamentary trust are governed by the provisions of the Trust Property Control Act, of 1988.

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Family Trust

A Family Trust, also known as an inter-vivos trust, is a legal arrangement that enables families to protect and manage their assets for the benefit of their loved ones. It is a versatile tool that allows individuals to transfer their property, investments, and other valuable assets into a trust, which is then administered by a trustee on behalf of the beneficiaries.

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NEED TO CONSULT WITH EXPERIENCED ESTATE PLANNING ATTORNEYS? CONTACT THE PREFERRED WILLS & ESTATE LAWYERS IN SOUTH AFRICA TODAY.

GET IN TOUCH

PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal resolutions to your wills, deceased estates and trust matters.

WILLS & ESTATES