Best Estate Planning Lawyers in South Africa

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Engelsman Magabane Incorporated
Kimberley, South Africa

Founded in 1948
50 people in their team
Afrikaans
English
Protecting the Law Since 1948The firm was established in 1948 by HJ Stander and was originally known as HJ Stander and Partners, but has since changed its name to Engelsman Magabane Incorporated. The firm incorporated the practices of Roelof Greeff Attorneys during 1997, Coetzee & Associates...
LB Vorster Attorneys
Hermanus, South Africa

Founded in 2002
English
LB Vorster Attorneys, established over 40 years ago, has built a distinguished reputation in the Western Cape for its specialized legal services in conveyancing and the administration of deceased estates. Originating in Hermanus, the firm has expanded its reach to Cape Town and the Garden Route,...
SD Law
Johannesburg, South Africa

Founded in 2011
10 people in their team
Afrikaans
English
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in...
VDM Attorneys
George, South Africa

Founded in 2018
English
VDM Attorneys, located in George, Western Cape, is a boutique law firm specializing in civil litigation, including divorce proceedings, commercial law, debt collection, personal injury claims, labor law, and environmental law. The firm also offers business rescue services, with Pieter van der...
Jan L. Jordaan Inc.
Benoni, South Africa

Founded in 2012
English
Jan L. Jordaan Inc., established in 2012 and based in Benoni, South Africa, offers specialized legal services in property transfers, bond registrations and cancellations, deceased estate property transfers, administration of deceased estates, wills, and antenuptial contracts. The firm is a Level 4...
H M BOTHA ATTORNEYS
Midrand, South Africa

Founded in 1990
English
H M Botha Attorneys, established on March 1, 1990, by Marietjie Botha (now Robb), is a distinguished law firm based in Midrand, South Africa. The firm expanded its leadership in 2017 when Marietjie's daughter, Rita Botha, joined as a partner. With over three decades of experience, the firm has...
Burne & Burne Attorneys
Durban, South Africa

English
Established in 1880 by William Burne, Burne & Burne Attorneys is a distinguished law firm in Durban North, South Africa, with a legacy spanning over 140 years. The firm has been led by five generations of the Burne family, making it one of the country's most enduring family-run legal practices....

Founded in 1989
English
McKenzie Dixon Attorneys, Conveyancers & Notaries, established in 1989, is a distinguished law firm based in Sherwood, Durban. With over three decades of experience, the firm has built a solid reputation for delivering professional and efficient legal services across various fields, including...
George, South Africa

Founded in 1907
English
Raubenheimers Attorneys, based in South Africa, excels in providing comprehensive legal services across various domains, including administrative, business, civil law, and general practice. With a rich history of delivering expert legal counsel, the firm is renowned for its ability to navigate...
Heerschop Pienaar Inc Attorneys
Roodepoort, South Africa

Founded in 2011
40 people in their team
English
Heerschop Pienaar Inc Attorneys is a Johannesburg and Cape Town based law firm established in 2011 that specialises in commercial and civil litigation, property law and family law. The firm is known for handling complex High Court matters, conveyancing transactions and insolvency-related work while...
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South Africa Estate Planning Legal Questions answered by Lawyers

Browse our 1 legal question about Estate Planning in South Africa and the lawyer answers, or ask your own questions for free.

I looked after my mom and she gave me a portion of her investment money
Estate Planning Elder Law Family Civil Litigation
As i was my moms primary caregiver, my siblings are now disputing the money she gave me and want to sue me for theft, my mom made me her power of attorney of her bank as i had to look after her. My siblings reside in Namibia and had no... Read more →
Lawyer answer by SJ Law Experts

As a property lawyer at SJ Law Experts, G-11 Markaz, Islamabad, when asked about a situation where you looked after your mother and she gave you a portion of her investment money, the appropriate legal response would depend on various...

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About Estate Planning Law in South Africa

Estate planning is the process of making legal arrangements to ensure that your assets are distributed according to your wishes after you pass away. In South Africa, estate planning is governed by laws that outline how assets should be distributed and managed. It's important to seek legal advice to ensure that your estate is handled in the best possible way.

Why You May Need a Lawyer

You may need a lawyer for estate planning to help you draft a will, set up trusts, create a lasting power of attorney, minimize estate taxes, and ensure that your assets are protected and distributed according to your wishes. A lawyer can also assist with resolving any disputes that may arise during the estate administration process.

Local Laws Overview

In South Africa, the Wills Act, the Intestate Succession Act, and the Administration of Estates Act are the key legislation governing estate planning. These laws regulate how assets are distributed in the event of death, the validity of wills, and the process for administering estates. It's important to familiarize yourself with these laws to ensure that your estate plan complies with legal requirements.

Frequently Asked Questions

1. What is a will?

A will is a legal document that specifies how you want your assets to be distributed after you pass away. It also allows you to name guardians for minor children and specify any other important instructions.

2. Do I need a lawyer to create a will?

While it is possible to create a will without a lawyer, it is highly recommended to seek legal advice to ensure that your will complies with legal requirements and accurately reflects your wishes.

3. What happens if I die without a will?

If you die without a will, your assets will be distributed according to the Intestate Succession Act, which may not align with your wishes. It's essential to have a valid will in place to ensure that your assets are distributed as you desire.

4. What is a trust?

A trust is a legal arrangement in which a trustee holds assets on behalf of beneficiaries. Trusts are commonly used for estate planning to protect assets, minimize taxes, and provide for beneficiaries over time.

5. How can I minimize estate taxes?

Estate taxes can be minimized through careful estate planning strategies, such as gifting assets during your lifetime, establishing trusts, and taking advantage of tax exemptions and deductions. A lawyer can help you navigate these complex tax laws.

6. Can I contest a will?

Yes, you can contest a will if you have valid legal grounds, such as lack of capacity, undue influence, or fraud. It's essential to seek legal advice to determine the validity of your claim and navigate the dispute resolution process.

7. What is a lasting power of attorney?

A lasting power of attorney is a legal document that allows you to appoint someone to make decisions on your behalf if you become incapacitated. This is an important part of estate planning to ensure that your affairs are managed effectively in the event of incapacity.

8. How often should I review my estate plan?

It is recommended to review your estate plan regularly, especially after major life events such as marriage, divorce, birth of children, or significant changes in assets. It's important to ensure that your estate plan remains up-to-date and reflects your current circumstances and wishes.

9. What is estate administration?

Estate administration is the process of gathering, managing, and distributing a deceased person's assets according to their will or the laws of intestacy. This process can be complex and time-consuming, so it's advisable to seek legal advice to navigate it effectively.

10. How can I protect my assets for future generations?

You can protect your assets for future generations through estate planning strategies such as setting up trusts, creating a will, minimizing estate taxes, and taking steps to preserve and grow your wealth. A lawyer can help you develop a comprehensive estate plan to ensure that your assets are safeguarded and passed down efficiently.

Additional Resources

For more information on estate planning in South Africa, you can consult the Law Society of South Africa, the South African Revenue Service, and local estate planning attorneys who specialize in this area of law.

Next Steps

If you need legal assistance with estate planning in South Africa, it's recommended to contact a qualified estate planning lawyer who can guide you through the process, help you draft essential documents, and ensure that your estate plan meets your objectives and complies with local laws.

Lawzana helps you find the best lawyers and law firms in South Africa through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Estate Planning, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.