Execution of Wills and Administration of Deceased Estates

We offer tailor-made services in drafting and executing wills to suit every individual’s specific needs and to give effect to the particular estate planning strategies implemented. It is a key instrument to ensure that your life’s endeavours leaves a lasting legacy much larger than yourself. We also offer a specialist service in administrating deceased estates in the most beneficial and speedy manner.

We understand that it is incumbent for our Muslim clients to have their estates properly administered in their lifetime and that they are obligated to conclude a valid will. However, according to South African Law, Islamic Laws of Succession are not automatically applied should you or your family member die without a valid Will.

To assist our clients to manage their private estates we offer specialised services to achieve the desired Shariah compliant outcomes, we offer the following services:

  • Estate Planning
  • Wills and Trusts
  • Administration of Deceased Estates
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! Should you choose us, this fee forms part of the fee for drafting a Last Will and Testament or Living Will (outlined in the rate card) and is not in addition to that fee (unless specifically stated)! Call us today!

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

Suggested reading and related topics:


Circumstances in which an unborn child can inherit from a Deceased Estate

Introduction It is often scary to think about the future wellbeing of one’s children and/or grandchildren, once you no longer around. Individuals tend to ensure that their children and/or grandchildren are protected and catered for in their Last Will a …

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Robin Gordon

The process was straight forward and simple. I heard about the National Wills Week initiative on radio. After recently purchasing a home, I decided to have my free basic Will drafted at Schoeman Law Inc. After calling their office, I was given an appoi …

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3D printing

Customary Law and a Valid Executed Will

Not all rules and regulations are governed by written Legislation. The Constitution of South Africa recognises unwritten “Legislation” namely, Common and Customary Law. Customary Law is defined as: “An established system of immemorial rules which has e …

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Section 2C (1) of the Wills Act declared invalid by the Constitutional Court – The effect on polygamous Muslim Marriages

Section 2C (1) of the Wills Act 7 of 1953 as amended (hereinafter referred to as the “Wills Act”), previously prevented surviving spouses who entered into polygamous Muslim marriages, in terms of Muslims rites only, from inheriting repudiated shares of …

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Testamentary Trusts

Testamentary Trusts

We all have read and heard somewhere in our lives of the importance of a Will.  However, we have not heard the reasons as to why we need to make provision for a testamentary trust in our Wills.  As we are celebrating Youth Month in June, we are now mor …

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What happens to your Cryptocurrency when you pass away?

What seemed to be a completely foreign concept just a few years ago, is now a reality for most investors. Cryptocurrency is a virtual form of money that is protected by indestructible Cryptography which makes it a secure way to store wealth and investm …

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redistribution agreements

Redistribution Agreements and Requirements by the Master of the High Court

When a person dies, their beneficiaries may inherit moveable and/or immoveable assets in terms of a valid will (testate succession) or interstate succession (in terms of the Intestate Succession Act No 81 of 1987). However, not all the heirs concerned …

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firearms control

The requirements and responsibilities in respect of the safe keeping, storage and/or disposal of firearms, imposed on an executor or heir, by the Firearms Control Act and its Regulations

In this day and age, it is quite common for firearms to form part of a deceased person’s estate. It is also quite common for individuals to inherit firearms and/or antique firearms, in terms of a deceased’s Last Will and Testament and/or Interstate Suc …

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Prescribed Debt

Customary Law of Succession – Women’s rights to inherit property

Traditionally, women have been denied rights to property under the South African Customary Law of Succession as women were under the guardianship of the male in the family and did not have the legal capacity to either own or acquire property. The custo …

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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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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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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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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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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 relationship between your will and antenuptial contract explained

What enjoys preference? Your antenuptial contract or will?   We have always maintained that an antenuptial contract is like the foundation to building a home. This is because, it dictates your financial future after marriage during your life, how …

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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. …

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The Star: Know the difference between wills

Read our feature in The Star Newspaper, published on 18 September 2015. …

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In September 2015 – We will be celebrating our 8th year of Excellence!

 In celebration of the envisioned legacy we are building – let us help you build yours! In line with our values we are inviting feedback and discussion. Please share your thoughts or comments on our Facebook, Twitter, LinkedIn page. If you do so you wi …

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The Administration of Deceased Estates

Many individuals are under the impression that if they state their wishes to their loved ones, family and friends that this is how their estate will be bequeathed. In reality however, if one dies without a will or “intestate”, there are a set “rules” t …

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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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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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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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Challenging Wills in South Africa

As it stands, there is no definitive right to inherit from a deceased estate in South Africa.  Seeing that the content of a will is sensitive in its nature, challenging its validity is generally based on some form of fraud, legal non-compliance and mis …

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The Importance of Drafting Wills

There are still many South African citizens who have not planned for the devolving of their estate, or the future interests of their remaining loved ones once they are deceased. This issue has been highlighted now that National Wills Week 2013 has been …

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The importance of having a professionally drafted Antenuptial Contract and Last Will and Testament

Professionally drafted Antenuptial Contracts and Last Wills and Testaments can save time and money in the long run. Nicolene Schoeman and Luise Ostler explain the importance of both documents and what the negative effects are of not ensuring that you h …

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The practical implications of testate and intestate succession

The basic difference between testate and intestate succession lies in having or not having a legally valid will. During a person’s lifetime he or she has absolute control of his or her estate and can therefore exercise any intention they wish to. Howev …

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The appointment and functions of the executor

Not executing a will results in a deceased estate being administered in terms of the intestate succession, which in itself results in its own andsometimes negative consequences. Furthermore, it also results in the deceased not nominating the executor o …

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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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The importance of having a will

Schoeman Attorney eagerly encourages people to draft, execute and update their wills with effective estate planning strategies regularly. As a law firm we take part in the annual National Wills week and strongly recommend drafting and executing a valid …

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