Wills, Estates & Trusts

Wills, Estates & Trusts Attorneys in Pretoria and Surrounding Areas

At Mashaba SJ Attorneys, we understand that proper estate planning is one of the most important decisions you can make for the future of your loved ones. Our experienced attorneys provide comprehensive legal services in the drafting of wills, the formation and administration of trusts, and the winding up of deceased estates. We are committed to offering compassionate, efficient, and professional guidance throughout every stage of the estate planning and administration process.

Whether you need to draft a will, create a family trust, or manage the estate of a deceased loved one, our team is here to simplify the process. We assist with:

  • Drafting legally valid wills that clearly express your wishes

  • Creating and registering trusts to protect assets and plan for future generations

  • The administration of deceased estates, from reporting the death to final distribution

  • Applying for and obtaining Letters of Executorship

  • Liaising with the Master of the High Court and relevant financial institutions

Our goal is to ensure that your estate is handled in accordance with your wishes, while complying with all legal requirements. We guide executors, trustees, and beneficiaries through the often-complex legal and financial issues involved in estate and trust matters. With our assistance, you can rest assured that your legacy will be preserved and your loved ones provided for.

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Experienced Estate Law Specialists

Our team has extensive experience in estate law, ensuring that you receive expert legal advice and solutions customized to your estate planning and administration needs.

Comprehensive Estate Planning Services

We assist with wills, trusts, estate administration, and tax-efficient strategies to safeguard your assets and minimize legal complications.

Personalized Legal Solutions

Each estate is unique, and we tailor our approach to meet your specific requirements, ensuring that your wishes are clearly documented and legally enforceable.

Frequently Asked Questions

What is estate planning, and why is it important?

Estate planning involves creating a legal strategy to manage your assets during your lifetime and distribute them according to your wishes after your passing. Proper estate planning ensures that your loved ones are financially secure, reduces the risk of legal disputes, and helps minimize tax liabilities

What happens if I die without a will in South Africa?

If you pass away without a will (intestate), your estate will be distributed according to the Intestate Succession Act. This means the law will determine how your assets are divided, which may not align with your wishes. Having a legally valid will ensures that your estate is distributed according to your intentions and protects your loved ones from unnecessary legal complications.

What are the key components of a legally valid will?

A legally valid will in South Africa must be in writing, signed by the testator (you) in the presence of at least two witnesses, who must also sign the document. The will should clearly outline how assets are to be distributed, name an executor to manage the estate, and provide for dependents, if applicable.

What is an executor, and what are their responsibilities?

An executor is a person or entity appointed in your will to manage and distribute your estate after your passing. Their responsibilities include settling debts, paying taxes, managing financial accounts, and distributing assets to beneficiaries according to the terms of your will. Our attorneys provide professional executor services to ensure the smooth administration of estates.

How does a trust work, and should I consider one for my estate?

A trust is a legal entity that holds assets on behalf of beneficiaries, managed by appointed trustees. Trusts can be used for various purposes, including asset protection, tax planning, and ensuring financial support for dependents. If you have significant assets or wish to structure your estate more efficiently, setting up a trust may be a beneficial option.

Can a will be contested, and under what circumstances?

Yes, a will can be contested if there are grounds to believe it is invalid. Common reasons include allegations of undue influence, fraud, lack of mental capacity at the time of signing, or improper execution of the will. If you need to challenge or defend a will, our estate litigation attorneys can provide expert legal assistance.

What is the process for administering a deceased estate?

The estate administration process involves reporting the estate to the Master of the High Court, obtaining a Letter of Executorship, settling debts, filing tax returns, and distributing assets according to the will or intestate succession laws. This process can be complex, but our estate attorneys guide clients through every step, ensuring compliance with legal requirements.

How do I update my will, and how often should I review it?

You can update your will by drafting a new one or adding a codicil (a legal amendment). It is advisable to review your will regularly, especially after significant life events such as marriage, divorce, the birth of children, or acquiring substantial assets. Keeping your will up to date ensures that your estate plan remains relevant and effective.

How do I start estate planning with your firm?

Contact Mashaba SJ Attorneys to schedule a consultation. We will assess your assets, family needs, and long-term goals to create a personalized estate plan that brings peace of mind to you and your loved ones.

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