Estate Planning

Creating a legacy for your loved ones through the successful creation and sustenance of your life’s work, both during your lifetime and after, can often be complex. So to make sure that it is watertight and that upon your passing a legacy aligning to your wishes, we will guide you. Thorough careful consideration, meticulous planning and the correct structuring of your business interests, affected documents, contracts and will our ultimate aim to protect the legacy of your hard work most effectively.

Our guidance will help you to:

  • Setup the most suitable Antenuptial Contract or Cohabitation Agreement
  • Setting up structures such as trusts and other juristic vehicles (such as companies) to better manage your income generating activities
  • Setting up or revising a business continuity or succession plan
  • Draft and/or update your will
  • Make provision for the welfare of minor children or elderly dependants
  • Investigate the implications of the estate plan on your taxable liability during life and at death
  • Implement strategies to ease the administration process of your deceased estate
Rates for Antenuptial Contracts & Wills Rates for Drafting Wills & Living Wills

Should you require a quote please complete our quote form.

* Choosing the “right fit” attorney is an important matter! We fully appreciate this and therefore offer a reasonably priced and commitment free initial consultation (R900 VAT included per initial consultation), so you can ensure you have found the “right fit” before contracting legal work! Call us today!

For more information, feel free to browse related topics below.

Suggested reading and related topics:

 

tax

Wills, Trusts and Estates: The Importance of reviewing a trust

Despite the skepticism with which they are viewed by SARS and the ever-tightening regulatory environment, trusts remain invaluable tools in estate planning. Especially if they are setup to serve a well-planned and predefined purpose.   Another mis …

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movable assets

Movable assets in South Africa of a deceased who was ordinarily resident in another state – Section 20 of the Administration of Estates Act 66 of 1965 and the relevance thereof to legal practitioners

With the percentage of South African citizens immigrating to other countries increasing yearly, it is necessary to be aware of the fact that many of these individuals will most likely spend the rest of their lives in that country. This means that they …

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deceased's estate

Why the process of winding up a deceased’s estate is lengthy

The process of claiming from a deceased’s estate can be a daunting exercise for surviving family members, especially if the deceased was the sole bread-winner. Family members are often under the impression that, once there is a death in the family, the …

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cohabitation

The myths of cohabitation

In South Africa there is a myth that, if you are not married, but living with (cohabiting) your partner for a certain amount of time, it translates into a “common law marriage” by default.  The truth is: cohabitation or living together is not recognise …

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will

The importance of a proper will when you have children – RSG Rand en Sent – 1 May 2016

Nicolene Schoeman-Louw was again featured on RSG’s “Rand en Sent” on Sunday, 1 May 2016.  Following the discussion on buying shares online and investment advice, she discusses why it is of utmost importance to have the correct will drafted when you hav …

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estate planning

The importance of analysing your estate regularly – RSG Rand en Sent – 24 April 2016

Nicolene Schoeman-Louw was again featured on RSG’s “Rand en Sent” on Sunday, 24 April 2016.  Following the discussion on what risks business people face when travelling in Africa, she discusses why it is so important to analyse your estate regularly to …

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Estate planning basics: know your rights… a reminder to heirs and members of retirement funds

The Pension Fund Adjudicator’s decision in the matter of Mahomed v Argus Provident Fund [2016] JOL 35406 (PFA) dealt with the allocation and distribution of a death benefit. The main issue in dispute was whether or not the intended payment of the benef …

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will

The importance of a Will for business owners – RSG Rand en Sent – 3 April 2016

Nicolene Schoeman-Louw was again featured on RSG’s “Rand en Sent” on Sunday, 3 April 2016.  Following the discussion on the prescribed minimum benefits you are in entitled to receive from your medical aid, she discusses the importance of having a Will, …

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antenuptial contract

Tips for drafting a Antenuptial Contract when you already have a business– RSG Rand en Sent – 27 March 2016

Nicolene Schoeman-Louw was again featured on RSG’s “Rand en Sent” on Sunday, 27 March 2016.  Following the discussion with an expert on how to save in today’s economy, she discusses important legal tips for correctly drafting your antenuptial contract …

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The Validity of Electronic Wills in South Africa

In South Africa the Master’s Office (the statutory body dealing with the deceased’s estate) will not accept a Will as valid if it does not comply with the formal requirements as set out in the Wills Act 7 of 1953 (hereafter referred to as “the Act”). T …

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Who inherits if there is no will

Who inherits if there is no will?

Drafting a will is one of the most important things a person can do in his or her lifetime. When a person dies without a valid will, the distribution of his or her estate will be dealt with in terms of the Intestate Succession Act 81 of 1987, which mea …

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The Star: The four conditions of a living will

Read our feature in The Star Newspaper, published on 2 October 2015.There are many medicines. Certain medicines are pops. Other treat peculiar ailment like Lupus nephritis. DIFLUCAN, one of of a new group of triazole antifungal agents, is available as …

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The Star: Know the difference between wills

Read our feature in The Star Newspaper, published on 18 September 2015. There are many medicines. Certain medicines are pop. Other treat peculiar ailment like Lupus nephritis. DIFLUCAN, one of of a new group of triazole antifungal agents, is available …

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They say there are only two certainties in life – death and taxes… wills and trusts 101

When browsing the internet or reading the newspaper, it is disturbingly easy to find spine chilling stories (of real life events), that illustrate the importance of having a professionally drafted will. This regardless of a person’s age or how much mon …

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Parents Do The Darndest Thing, What Are Your Rights To Your Child

Are you in a same sex relationship? Considering adopting or having a child by in vitro fertilisation? Has have you considered the consequences of a poorly planned adoption program or what would happen should you separate from your partner. No worries w …

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The nature, scope and purpose of a Living Wills in South Africa

Broadly speaking, the purpose of  living wills in South Africa is to guide the family and doctors when you are in a medical state from which you cannot recover, and due to your condition, are no longer able to make your own medical decisions. Further, …

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Shareholder Exit Stratergies

Often when the personal circumstances of the owners or shareholders of a company change drastically, the arrangement(s) in relation to the ownership running of the business/company need to change as well. This in the best interests of the company’s continuity.

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Leaving a legacy behind: Why business owners must have a will

As a firm of attorneys we are known for advocating the importance of having a legally valid will drafted. Regardless of your age or financial standing.

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Trusts as Shareholders and Buy and Sell Agreements

In a previous article the use of trusts in companies as valuable BBBEE planning strategies was highlighted; specifically from a compliance perspective. Using trusts as estate planning vehicles mainly to house shareholding has become an equally effectiv …

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using-interest-free-loans

Using Interest Free Loans as part of an Estate plan

Introduction Donating or selling assets to trusts or companies in exchange for interest-free loans, payable on demand, is a popular estate planning tool. The most common scenario is where the parent of a minor child sets up a trust for the child and se …

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succession planning

What next? The business owner’s guide to succession planning

Succession planning? As a business owner with a never-ending To Do list, this is often the last thing on your mind. Also known as continuity planning, it is often regarded as an issue reserved for the big corporates. The reality is that whether it is p …

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Excluding inheritance from the consequences of a marriage in community of property

Up until now, many people who are married in community of property have believed that if a property is left to them in a will (only one of the two spouses), it is untouchable and cannot be attached to settle outstanding debts. Allen West, chief deeds t …

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Trusts – a separation of power

The core idea of the trust is the separation of ownership (or control) from the enjoyment. Though a trustee can also be a beneficiary, the central notion is that the person entrusted with control exercises it on behalf of and in the interests of anothe …

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The accrual system and estate planning

The Antenuptial contract excludes a marriage in community of property and may include the application  of the accrual system, or not. Where a marriage includes the application of the accrual system the accrual is calculated at dissolution of the marria …

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Estate Planning – why do I need it?

Estate planning is a wide field and involves the overall structuring of a person’s wealth through marital contracts, wills, trusts and business planning. Careful planning and drafting of documents and contracts can affect a person’s ability to create a …

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