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MTHEMBU & CO ATTORNEYS
Practice Area
Drafting wills and administering deceased estates.
Estate planning and the administration of deceased estates are critical aspects of managing your affairs, both during your lifetime and after your passing. A properly drafted will ensures that your assets are distributed according to your wishes, that your dependants are provided for, and that the administration of your estate is as efficient as possible.
P A Mthembu Attorneys assists clients with the drafting of wills that comply with the requirements of the Wills Act 7 of 1953 and that take into account the client's personal circumstances, family structure, and tax implications. The firm also advises on the appointment of executors, the creation of testamentary trusts, and the implications of dying intestate (without a will).
When a person passes away, their estate must be reported to the Master of the High Court and administered in accordance with the Administration of Estates Act 66 of 1965. The firm assists executors with the full administration process, from reporting the estate and obtaining letters of executorship to the preparation of the liquidation and distribution account, payment of debts and liabilities, and the final distribution of assets to heirs.
What happens if I die without a will?
If you die intestate, your estate will be distributed according to the rules of intestate succession set out in the Intestate Succession Act 81 of 1987. This may not reflect your wishes, and the process is often slower and more complicated than it would be with a valid will.
How often should I update my will?
You should review your will whenever your circumstances change significantly such as when you get married, divorced, giving birth to a child, acquire significant assets, or change your wishes. As a general rule, reviewing your will every 3 to 5 years is advisable.
What does the estate administration process involve?
The process includes reporting the death and the estate to the Master of the High Court, obtaining letters of executorship/ authority, identifying and collecting assets, advertising for creditors, paying debts and liabilities, preparing a liquidation and distribution account, and distributing the remaining assets to the heirs.
Whether you need representation or want to understand your options, get in touch.
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