What does a wills and estates attorney cost in South Africa?

Most of the cost of a deceased estate is not an attorney's fee at all. It is the executor's remuneration, set by regulation at 3.5% of the gross value of the assets plus 6% of income earned after death, plus VAT if the executor is registered, and paid out of the estate before the heirs receive anything. Everything else on this page is either a fee you pay while alive, such as drafting a will, or a cost that arises in a particular estate, such as transferring a house or fighting over a will. All figures are typical ranges excluding VAT, and no attorney is bound by them.

Start with what is free

Before you spend anything, use the routes that cost nothing:

• The Master's office deals with the public directly. The forms are free and there is no fee to report an estate. Read how to report a deceased estate to the Master.
• Section 18(3) letters of authority. Estates below the amount set by the Minister are administered by a family member under the Master's directions, with no executor's fee, no advertising and no liquidation and distribution account.
• Banks and trust companies usually draft a simple will for free if you appoint them as executor. The price is the executor's fee later.
• Legal Aid South Africa on 0800 110 110, subject to a means test.
• University law clinics in most major centres draft wills and help families with estates.
• The executor fees and estate duty calculator shows what an estate would pay before anyone quotes you.

What drives the cost when you do pay

The size of the estate. The executor's fee is a percentage of gross assets, so a R5 000 000 estate pays roughly five times what a R1 000 000 estate pays, even if the work is much the same. Fixing or capping the fee in the will matters most for larger estates.

Whether there is property. A house means a conveyancer, a rates clearance certificate, deeds office fees and often a redistribution agreement. Property is the biggest driver of cost after the executor's fee.

Whether there is a dispute. A contested will, a maintenance claim by a surviving spouse under the Maintenance of Surviving Spouses Act 27 of 1990, or an objection to the account can turn a R30 000 estate cost into a R300 000 one, because High Court litigation involves counsel, expert witnesses and the risk of paying the other side's costs.

Whether estate duty applies. Under the Estate Duty Act 45 of 1955, duty is charged at 20% of the dutiable amount up to R30 million and 25% above that, after an abatement of R3.5 million, with bequests to a spouse deductible. Estates near the abatement need tax work, charged separately. Read how estate duty is calculated.

Who does the work. A bank charges the full tariff and rarely negotiates. An attorney will often agree a fixed or capped fee on a simple estate. A family member executor who hires an attorney by the hour pays for the hours actually spent, so ask for a fixed fee wherever the work is predictable.

A worked example: three ways to run one estate

The figures are illustrative only and use the middle of the ranges above. Your quote will differ.

Johan dies leaving a house worth R2 000 000 with no bond, investments of R600 000 and a car worth R150 000. Gross assets are R2 750 000. His wife Elsa inherits everything under a valid will. The estate earns R15 000 in interest before it closes.

Option one: a bank as executor at the full tariff. The fee is 3.5% of R2 750 000, which is R96 250, plus 6% of R15 000, which is R900, giving R97 150 plus VAT. Add advertising of about R3 000, Master's fees on the sliding scale, and conveyancing of about R20 000 to transfer the house to Elsa. The estate pays roughly R125 000 before VAT.

Option two: Elsa as executor with an attorney as agent. Elsa is exempt from security as the spouse. The attorney agrees a fixed fee of R35 000 for the administration, and the same conveyancing, advertising and Master's fees apply. The estate pays roughly R60 000 before VAT. Elsa carries the personal responsibility to the Master.

Option three: an attorney as executor at a capped fee. Johan's will caps the fee at 2%. The fee is R55 000 on the assets plus R900 on the income, and the other costs are the same. The estate pays roughly R82 000 before VAT, and Elsa carries no personal liability.

Same estate, same heir. The difference of over R60 000 comes down to a clause in the will and a conversation before the executor is appointed. Read what an executor does and how much they charge.

When paying an attorney makes sense

• You want a will with a testamentary trust, business succession provisions or foreign assets. Read what a testamentary trust is.
• The estate has a house that must be transferred or sold, and heirs who need a redistribution agreement.
• Someone is contesting the will, or you want to contest one. Read whether a will can be contested.
• A surviving spouse or a child needs to claim maintenance from the estate.
• The Master has queried the will as defective and a court application is needed.
• The estate may be insolvent, has a business that must keep trading, or is near the estate duty abatement.

When it usually does not

• A simple will leaving everything to a spouse or to children in equal shares, where a bank or a template will do.
• A small estate that qualifies for letters of authority, where the Master's office guides the family through it.
• An estate with a house and cooperating heirs, where a family member executor with a conveyancer manages well. Read whether you need an attorney to wind up an estate.

Fee arrangements to ask about

• The regulated executor's fee. The default for a professional executor. Ask whether it will be charged in full, and whether VAT applies.
• A fixed or capped executor's fee. Fixed in the will, or agreed in writing with the executor before nomination.
• Agent's fee. What an attorney charges a family member executor to do the work. Usually fixed on a simple estate, hourly on a complex one.
• Hourly rate. For advice, disputes and court work. Ask for the rate of everyone who will touch the file.
• Disbursements. Advertising, Master's fees, valuations, deeds office fees and counsel are billed on top. Ask for a separate estimate.

What to do this week

1. If you are planning a will, decide on your executor and whether to fix the fee, then get two quotes for drafting.
2. If someone has died, report the estate yourself if the nominated executor is a family member, or hand the bundle to the nominated bank or attorney and ask for their fee in writing.
3. Work out the gross assets and run them through the calculator so that you know the tariff before anyone quotes you.
4. Ask two or three attorneys for a written estimate for the specific stage you need.
5. Phone the Master's office or Legal Aid on 0800 110 110 before you commit to paying anyone.

Documents to bring to a first consultation

For a will: your ID, your marriage certificate and antenuptial contract, a list of assets and debts with values, and the names and ID numbers of your beneficiaries and executor. For an estate: the will, the death certificate, the deceased's ID and tax number, title deeds and bond statements, bank and investment statements, policy and pension details, the last tax return, and a list of creditors.

Questions to ask before you sign a mandate

• Will you charge the full regulated executor's fee, or a fixed or capped fee, and is VAT added?
• What is your estimate for conveyancing, advertising and Master's fees on this estate?
• What is excluded from the fixed fee?
• If the estate qualifies for letters of authority, what do I owe?
• If a dispute arises, what is your hourly rate and will counsel be briefed?
• How often will you report to the heirs?

How to avoid surprises

1. Fix the executor's fee in your will if you are appointing a professional. A percentage cap or a rand amount both work.
2. Ask for the fee in writing before the acceptance of trust is signed. After that, the executor is appointed and the leverage is gone.
3. Object at the right moment. The liquidation and distribution account lies open for 21 days. That is when the fee and the costs can be challenged with the Master.
4. Compare litigation cost against the value in dispute. A R150 000 fight over a R120 000 bequest makes no sense even if you win.
5. Query a bill you think is too high. Attorneys' fees can be taxed or reviewed, and the Legal Practice Council handles complaints about fees.

Common money mistakes

• Appointing a bank as executor for the free will, then paying the full tariff on a large estate years later.
• Not exempting a family member executor from security, so that the estate pays a bond premium every year.
• Distributing early to save time, which exposes the executor to personal liability for tax and debts.

If you cannot afford an attorney at all

You are not shut out. The Master's office deals directly with the public and its staff explain the forms. Small estates are administered by a family member under section 18(3) letters of authority with no executor's fee. Legal Aid South Africa on 0800 110 110 applies a means test and takes some estate matters. University law clinics draft wills and assist with estates. If the estate is larger, a bank or trust company acts as executor and is paid from the estate, not from your pocket. Read how long it takes to wind up a deceased estate.

The will matters more than the fee

The most expensive outcome is not a fee. It is dying without a valid will, so that the estate passes on intestacy or ends up in court. Read how to write a valid will and what happens if you die without a will.

LawMatch is not a law firm and does not give legal advice. These figures are a guide to help you have an informed conversation with an attorney about fees.