RSM South Africa

Wills & estate planning

We have extensive experience in the drafting of Wills and Estate Planning.

When advising a client regarding his or her Estate Planning, a detailed analysis of the client’s affairs is carried out.  We consider the use of trusts as part of Estate Planning, the estate duty implications, as well as the implications of capital gains tax and donations tax.  Most importantly we consider the objectives and needs of the client and their dependents.  Special attention is accordingly also paid to the following:

  • The liquidity needs of the client’s estate
  • The client’s business interests
  •  Offshore assets
  • The marital regime applicable to the client and the possible consequences thereof on the client’s death (including accrual claims).
  • Life-partners or cohabitation relationships
  • The nomination of guardians for minors
  • Maintenance for dependents
  • Disabled dependents

The Will is then structured accordingly, and where necessary, using an inter vivos or testamentary trust.  The objective is to give the client peace of mind and to provide for proper succession.

We maintain a database of all our clients’ Wills, and we store all Wills in our safe for safekeeping. 

Deceased Estates

We can attend to the winding-up of deceased estates.  Because we are a multi-disciplinary firm, we have ready access to tax advice, legal services and accounting expertise. This improves the efficiency in winding up an estate This curbs the costs incurred by deceased estates in respect of expert services needed for finalising tax returns, Capital Gains Tax calculations, assistance with legal documents, including deeds of sale, redistribution agreements and power of attorneys.

We assist in preparing, completing and submitting the necessary documentation required by the Master of the High Court in order to report a deceased estate.  Once the Letters of Executorship have been issued by the Master of the High Court, we attend to the winding-up of the deceased estate in terms of the Administration of Estates Act, No 66 of 1965 (as amended) using specialised software to ensure the greatest efficiency.

We understand the emotions and uncertainty experienced in the case of a deceased estate.  We provide a personal and efficient service, which includes professional staff that are accessible and genuinely interested in assisting you to wind up of the estate.