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Wills & estates

Wills, deceased estates, executors and inheritance disputes.

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Two very different jobs sit inside this area of law. One is planning, which means writing a will while you are alive so that the people you leave behind are not guessing. The other is administration, which means reporting an estate, winding it up and getting the assets to the heirs after somebody has died. Most people arrive here because of the second one, in the week after a funeral, holding a death certificate and a letter from a bank and no idea who to phone first. This page sorts out which question is actually yours and points you at the guide that answers it.

What this area of law covers

Five statutes do most of the work. The Wills Act 7 of 1953 sets out what makes a will valid. The Intestate Succession Act 81 of 1987 decides who inherits when there is no valid will. The Administration of Estates Act 66 of 1965 governs everything that happens after a death: reporting the estate, appointing an executor, paying creditors and distributing what is left. The Maintenance of Surviving Spouses Act 27 of 1990 lets a widow or widower claim reasonable maintenance from the estate. Estate duty, the tax an estate pays before the heirs receive anything, is charged under the Estate Duty Act 45 of 1955.

Around those sit trusts, which are regulated by the Trust Property Control Act 57 of 1988, and the Master of the High Court, the government office that supervises every deceased estate in the country.

The Master's office is the part people misunderstand most. It is a public office. It deals with members of the public directly, it will tell you what stage a file has reached, and it charges you nothing to report an estate. You do not need an attorney to walk through its door. In a small, simple estate you may not need one at all.

Where to start, by problem

Find the sentence closest to your situation and start there.

The deadlines that catch people out

Fourteen days to report a death to the Master. An estate must be reported to the Master of the High Court within 14 days of the date of death. Miss it and the estate does not disappear, but nothing can lawfully move. No executor is appointed, no bank account is released, no property is transferred, and every claim sits waiting.

The window after a divorce. If you divorce and do not change your will, the law gives you only a limited period during which a bequest to your former spouse is disregarded. Once that period passes, the old will stands and your ex inherits exactly what it says. Rewriting a will after a divorce is a same-week job, not a someday job.

The creditors' advertisement. Once the executor is appointed, the estate is advertised and creditors are given a fixed period, set by the Administration of Estates Act, to lodge their claims. A creditor who sleeps through it risks losing the claim. If you are owed money by someone who has died, watch for that notice.

The liquidation and distribution account. Near the end, the executor's account lies open for inspection for a fixed period at the Master's office and the local magistrate's court. Objections must be lodged with the Master inside that window. After it closes, the executor distributes, and undoing a distribution is far harder than objecting on time.

Ordinary prescription. A debt owed to the estate does not stop running because somebody died. If the estate is owed money, check when that claim expires with the prescription checker.

What it costs, and what is free

The full breakdown is on what does winding up an estate cost. The short version is that an estate carries two main charges: the executor's fee, which is regulated and calculated on the value of the estate, and estate duty where the estate is large enough to attract it. Attorney fees for a contested matter are separate and are charged by the hour.

Plenty of it is free. Reporting an estate to the Master costs nothing, and the Master's staff will tell you what documents are missing. In a small estate the Master may appoint a family member to wind it up instead of a full executor, which removes the professional fee entirely. Writing your own will costs nothing if you get the signing right. If you cannot afford an attorney for a dispute, check Legal Aid South Africa and your nearest university law clinic.

The mistakes that cost the most

  • Using a beneficiary as a witness. A will needs two competent witnesses, and a witness who is also a beneficiary generally forfeits the inheritance. The will survives; the gift does not.
  • Signing in the wrong place, or not on every page. Signature formalities are the single biggest reason homemade wills are rejected. The Master looks at the signing before it looks at the wording.
  • Hiding the original. A photocopy in a safe with the original nowhere to be found turns a simple estate into a court application. Tell somebody where the original is.
  • Never updating after a marriage, divorce, new child or property purchase. An out-of-date will is worse than no will, because it distributes your estate according to a life you no longer live.
  • Distributing before the account is finalised. An executor who hands out cash before creditors and tax are settled becomes personally exposed for the shortfall.
  • Fighting over the estate instead of the issue. Litigation between siblings is paid for out of the estate, which means both sides are burning their own inheritance. Get an honest assessment of the merits before you start.

The tools on this site that help here

When you need an attorney

Get proper help when the estate includes a business, a farm, a trust or assets outside South Africa. Get help when there is a dispute about the validity of the will, when an heir is disinherited and wants to challenge it, or when you need an executor removed. Get help when the deceased was married under customary law, was married more than once, or when the marital regime is unclear, because who inherits depends on that answer. Get help when the estate is insolvent, meaning the debts exceed the assets, because the order in which creditors are paid is strict and getting it wrong is personal. And get help when a maintenance claim by a surviving spouse or a minor child is being resisted.

For a small estate with a clear will, a house and a bank account, you can often do it yourself with the Master's help.

LawMatch is not a law firm. Everything here is general information about South African law, not legal advice on your situation.

All wills & estates guides

What is a usufruct, and should you leave one?

It splits a property in two: one person gets the use of it for life, another gets ownership without the use. Testators love it because it looks like it protects a spouse and the children at once. In practice it produces some of the bitterest estate disputes there are, and the tax treatment surprises everybody.

9 min read · Updated 24 Oct 2026

What happens to a bond when the owner dies?

The debt does not die with the owner. It becomes a claim against the estate, secured over the house, and what happens next depends on three things the family rarely knows: whether there was bond cover, whether the estate can service the instalments, and whether the bank will let an heir take the bond over.

8 min read · Updated 24 Oct 2026

What are letters of executorship?

They are the document from the Master that makes you the executor. Until they are issued, nobody has authority over the estate, which is why banks freeze accounts and why the family cannot sell the car, and why anything done before they arrive can be undone.

7 min read · Updated 24 Oct 2026

What is the liquidation and distribution account?

It is the executor's formal accounting of the estate: everything owned, everything owed, what administration cost, and who gets what. It lies open for inspection for at least 21 days, and that window is the only convenient moment to object.

7 min read · Updated 24 Oct 2026

What happens if a deceased estate is insolvent?

When the debts exceed the assets, the will stops deciding anything. Creditors are paid in a legal order of preference, heirs receive nothing, and the executor has to give creditors the choice between surrendering the estate and letting the administration run.

7 min read · Updated 24 Oct 2026

Can you disinherit a child in South Africa?

You can leave your estate to whomever you choose. But freedom of testation does not defeat the duty to support a dependent child, and a maintenance claim against the estate ranks as a debt, which is paid before any heir sees anything.

8 min read · Updated 24 Oct 2026

What is a section 18(3) small estate?

Where a deceased estate is worth R250 000 or less, the Master can appoint a representative to wind it up without an executor, without advertising and without a liquidation and distribution account. It is faster, far cheaper, and most families are never told it exists.

7 min read · Updated 24 Oct 2026

How are retirement fund benefits paid when someone dies?

A retirement fund death benefit does not follow your will and it does not automatically follow your nomination form. The fund's trustees decide who receives it, and the law obliges them to look after your dependants first.

7 min read · Updated 24 Oct 2026

Can an executor be removed?

Yes. The Master of the High Court can remove an executor on application where the executor fails to do the work, is disqualified from acting, or acts against the interests of the estate. The High Court can also remove one. Before you go that far, an interested party can lodge an objection to the liquidation and distribution account while it lies open for inspection.

9 min read · Updated 24 Oct 2026

How to find out if someone left a will

There is no central register you can search before an estate is reported. You find a will by asking the deceased's attorney, their bank, their financial adviser and their family, by checking the house, the safe and any safety deposit box, and by asking the Master of the High Court, who holds wills only once an estate has been reported.

8 min read · Updated 24 Oct 2026

What happens to a house when the owner dies?

The house stays in the deceased's name until the executor is appointed and a conveyancer registers the transfer. Nothing can be sold or transferred before the Master issues letters of executorship. The bond does not disappear, the bank must be told, and the rates, levies and insurance must keep being paid while the estate is wound up.

9 min read · Updated 24 Oct 2026

What happens to a joint bank account when someone dies?

When an account holder dies the bank freezes the deceased's accounts until the Master appoints an executor. A joint account is usually frozen too, because the deceased's share of the money falls into the estate. Banks differ, and a survivor is sometimes allowed limited access. If you were married in community of property, the whole joint estate is frozen.

9 min read · Updated 24 Oct 2026

What is a living will and is it legal in South Africa?

A living will is an advance refusal of life-sustaining treatment. It is not a will and has nothing to do with your property or the Master. South Africa has no statute that expressly governs living wills, so their force rests on the common law right to refuse treatment and on informed consent under the National Health Act 61 of 2003. A living will cannot work if nobody knows it exists.

9 min read · Updated 24 Oct 2026

Can a will be contested in South Africa?

A will can be contested, but only on recognised grounds: the formalities were not met, the testator lacked capacity, undue influence, fraud or forgery, a later will, or a beneficiary who signed as a witness. Unfairness is not a ground, but spouses and dependent children have maintenance claims regardless of the will.

9 min read · Updated 24 Oct 2026

Do I need an attorney to wind up an estate?

No. Anyone of full legal capacity can be appointed executor, and many people wind up a simple estate themselves, dealing directly with the Master. But the Master often requires a lay executor to appoint an agent for a larger or more complicated estate, and property transfer always needs a conveyancer.

8 min read · Updated 24 Oct 2026

How is estate duty calculated in South Africa?

Estate duty is 20% of the dutiable amount of an estate up to R30 million and 25% above that, after a R3.5 million abatement. Everything left to a spouse is deducted first, which is why most estates pay nothing. The executor works it out and pays SARS before the heirs.

9 min read · Updated 24 Oct 2026

How long does it take to wind up a deceased estate?

A simple deceased estate in South Africa takes about six to twelve months from death to final distribution. Reporting, the Master issuing letters of executorship, advertising for creditors, the liquidation and distribution account lying open for 21 days, and transferring property each take their own time, and a complex or disputed estate can take years.

9 min read · Updated 24 Oct 2026

How to claim maintenance from a deceased estate

A surviving spouse can claim reasonable maintenance from the estate under the Maintenance of Surviving Spouses Act, and a child's maintenance claim against a parent survives death. Both exist whatever the will says. You lodge the claim in writing with the executor, and if it is rejected a court decides.

8 min read · Updated 24 Oct 2026