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Family Law & Estates · 22 January 2026

Wills and Deceased Estates: What to Know

A short, practical overview of two topics that are easy to postpone, and costly to get wrong.

Wills and deceased estates sit on opposite ends of the same process: one plans for what happens to your estate, the other administers it once the time comes. Both deserve more attention than they typically get.

When to review your will

  • After marriage, divorce, or the birth of a child
  • Following a death in the family that affects your nominated executor or beneficiaries
  • After acquiring significant assets, or starting or selling a business
  • Whenever your wishes for guardianship of minor children change

A will that has not been reviewed in several years often no longer reflects the testator's actual circumstances or wishes — which can create exactly the uncertainty a will is meant to prevent.

What happens when someone passes away

The estate must be reported to the Master of the High Court, who issues a Letter of Executorship or, for smaller estates under R250,000, a Letter of Authority. Almost nothing can be finalised until this is issued. The executor then advertises for creditors, settles the estate's affairs, and prepares a Liquidation and Distribution account before assets can be transferred to the heirs.

Practical starting point

If you do not currently have a valid, up-to-date will, or you are unsure whether your existing will still reflects your wishes, that is a reasonable place to start — well before an estate needs to be administered at all.

After marriage, divorce, a birth, a death in the family, acquiring significant assets, or any major change in your wishes.

Your estate will be distributed according to the Intestate Succession Act, which may not reflect your actual wishes.

Estates valued under R250,000 may qualify for the simplified process under section 18(3) of the Administration of Estates Act.

The estate is reported to the Master of the High Court with the prescribed documents so that a Letter of Executorship or Authority can be issued.

No, a nominated heir should not sign as a witness, as this can affect their capacity to inherit.

A detailed account prepared by the executor showing the estate's assets, liabilities and proposed distribution, which must be approved by the Master.

Someone you trust to act diligently and impartially, bearing in mind the administrative demands of winding up an estate.

Yes, this is one of the most important protections a will can offer if both parents pass away while children are still minors.

This varies with complexity, but the process commonly takes several months from reporting to final distribution.

In a safe, known location, ideally with your attorney, since the original document is required to report the estate.

Have a legal question of your own?

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