Deceased Estates, Trusts and Wills

A deceased estate is everything a person owned—assets, property, and liabilities—at the time of their death. The executor of the estate is responsible for managing and distributing these assets according to the instructions in the will or, if there is no will, according to the law.

A will is a legal document that outlines how a person wants their assets and property to be distributed after their death. It also allows you to nominate an executor to manage the estate and a guardian for any minor children.

If a person dies without a will, they are said to have died intestate. In this case, the distribution of their estate is governed by the laws of intestacy, and the assets will be distributed to surviving family members based on a set legal formula, which may not align with the deceased person's wishes.

A trust is a legal arrangement where a person (the founder) transfers assets to another person or entity (the trustee) to hold and manage on behalf of a third party (the beneficiaries). Trusts are often used for estate planning to protect assets, manage legacies for minors, and reduce taxes.

An executor is a person or entity appointed in a will to administer the deceased estate. Their duties include collecting all the deceased's assets, paying off any debts and taxes, and distributing the remaining assets to the beneficiaries as per the will's instructions.

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Deceased Estates, Trusts and Wills

Securing Your Legacy - Expert Deceased Estates, Trusts & Wills Services by DVL Attorneys

Planning for the future, especially beyond your lifetime, brings peace of mind and protects your loved ones. At DVL Attorneys, we understand the profound importance of safeguarding your legacy. Our dedicated team of specialists offers unparalleled guidance in deceased estates, trusts, and wills, ensuring your wishes are honored, your assets are protected, and your family's future is secure. We are the trusted partners you need to navigate these sensitive and complex legal landscapes.

What are Deceased Estates, Trusts, and Wills? A Core Definition

In South Africa, attorneys specializing in deceased estates, trusts, and wills guide individuals and families through estate planning, administration, and asset distribution. They draft wills (legal documents outlining asset distribution after death) and trusts (legal arrangements for asset management and protection). These attorneys also handle deceased estates, which involve the legal process of settling a person's affairs after their death, including asset identification, debt settlement, and distribution to heirs. Their expertise helps resolve disputes, minimize taxes, and safeguard assets for future generations.

This comprehensive area of law covers:

  1. Wills: Legally binding documents that clearly outline how your assets should be distributed after your death, ensuring your wishes are documented and followed.
  2. Trusts: Legal arrangements where assets are held by one party (the trustee) for the benefit of another (the beneficiary). Trusts can offer tax advantages, asset protection, and continuity in asset management.
  3. Deceased Estates: The legal process of winding up a person's affairs after their death, including identifying assets and liabilities, settling debts and taxes, and distributing remaining assets to heirs.

Why Choose DVL Attorneys for Your Estate Planning Needs?

The decision of who to entrust with your estate planning and administration is pivotal. DVL Attorneys stands as the premier choice, offering a unique blend of expertise, empathy, and strategic foresight:

  • Unrivalled Expertise & Experience: Our seasoned practitioners possess deep knowledge of South African estate law, continually staying abreast of legislative changes and case law. We ensure your estate plan is not only valid but also optimized for your unique circumstances.
  • Comprehensive Service Offering: We provide a holistic suite of services designed to cover every aspect of estate planning and administration:
    • Strategic Estate Planning: Beyond just a will, we help you craft a comprehensive estate plan. This multi-faceted exercise integrates legal, financial, and tax considerations to protect, preserve, and grow your estate during and after your lifetime. We advise on antenuptial contracts, inter-spousal donations, family loans, offshore investments, and more, ensuring your plan adapts to life's significant milestones like marriage, birth of children, new business ventures, retirement, or changes in financial circumstances.
    • Expert Will Drafting: A professional, meticulously drafted will is non-negotiable. We pay attention to your unique personal and family circumstances, any particular obligations (like divorce orders), tax efficiency (minimizing capital gains and estate duty), and estate liquidity. Our wills are designed to be clear, viable, and legally robust, preventing future disputes and ensuring your lifetime of effort is preserved.
    • Trust Formation & Administration (Inter Vivos & Testamentary): Trusts are powerful tools, and we guide you in determining the best type for your goals. We assist with the formation, registration, and ongoing governance of both inter vivos (living) trusts and testamentary trusts (created in your will). We ensure compliance with the Trust Property Control Act, provide bespoke training for trustees, and offer administrative support to ensure your trust operates effectively and ethically.
    • Meticulous Deceased Estate Administration: The winding up of an estate can be complex and time-consuming. Our team acts as experienced executors or agents, handling every detail: validating wills, identifying and valuing assets, settling debts and taxes (including finalising SARS returns and calculating estate duty), advertising for debtors and creditors, drafting liquidation and distribution accounts, and overseeing the final transfer of assets to beneficiaries. We keep creditors and beneficiaries informed, explaining the process clearly and ensuring a smooth, compliant administration.
    • Proactive Dispute Resolution & Contentious Estates: While we strive for seamless processes, disputes can arise. Our team is adept at mediating conflicts among family members or beneficiaries. Should litigation become necessary, we vigorously represent your interests, whether challenging a will's validity due to lack of capacity or undue influence, rectifying a will, removing a delinquent executor, or processing maintenance claims.
    • Tax Efficiency & Asset Protection: We constantly review your estate plan to ensure it's tax-efficient, minimizing estate duty, capital gains tax, and donations tax where possible. We also advise on mechanisms to protect your assets from creditors or relationship claims, ensuring continuity and safeguarding legacies for vulnerable beneficiaries like minors or those with disabilities.
    • Guardian's Fund Navigation: While the Guardian's Fund manages inheritances for minors, it may not always offer the most favourable interest or a smooth claiming process. We can advise on alternative estate planning tools, such as testamentary trusts, to better manage assets bequeathed to minor children.
  • Peace of Mind: Many people hesitate with estate planning, but a lifetime of economic toil can be undone by not having a well-structured plan. We empower you with the peace of mind that comes from knowing your financial affairs are streamlined and your will is a sound legal document that truly reflects your intentions.

Your Legacy Matters – Let Us Help You Secure It

Whether you are starting from scratch with your estate plan, need to update an existing will, or require assistance with the administration of a deceased estate, DVL Attorneys is here to guide you. We transform what can be a daunting experience into a clear, manageable process, protecting your family's future and preserving your legacy.

Don't leave your legacy to chance. Contact DVL Attorneys today for a confidential consultation and take the crucial step towards securing your family's future.