30/07/2026
Statistics obtained in 2022 from the Master of the High Court of South Africa show that less than 15% of South Africans have a Will when they die.
Yet every deceased person who leaves behind property, assets, or a will in South Africa must have their estate officially reported to the Master of the High Court (or a local Magistrate’s Office acting as a service point) within 14 days of death. However, how the estate is handled depends entirely on its total value
Estate Value and Procedures
• Estates over R250,000: Requires formal Letters of Executorship, public advertisements for creditors, and a full Liquidation and Distribution Account.
• Estates R250,000 or less: The Master may issue Letters of Authority for a simplified process, bypassing formal executorship.
• No assets or property: If a person passes away with zero assets or a completely empty estate, (no bank accounts, no policies, no movable property, no debts requiring settlement) typically does not need to be formally reported.
A person’s estate consists of all their assets (belongings, property) and liabilities (debts) which they had as at date of death.
To administer an estate means to collect or take control of all the assets of the deceased, to pay the debts which the deceased left at date of death, and then to pay the balance left for distribution to the rightful heirs of the deceased as determined in the will, or if you do not have a will, to the heirs as determined in terms of the rules of intestate succession.
What you need to know when drafting a will?
• All persons (16 years and older) are competent to make a will
• A will must be in writing. It can be written by hand, typed or printed. (note that a person who wrote the will in his/her own handwriting (and his/her spouse) may not be one of your heirs or the executor in the will)
• The signature of the testator/testatrix must appear on every page of the will as well as at the end of the will (This signature must be made in the presence of two or more competent witnesses)
• Any person of 14 years and above is competent to act as a witness (note that a witness and his/her spouse) may not be one of your heirs or the executor in the will)
• A witnesses must attest the last page of the will in the presence of the testator/testatrix and of each other
• You must include all details of the assets you want to bequeath as well as the names and details of your heirs
• Decide who should be your executor, and indicate this in your will (note that your nominated executor (and his/her spouse) may not be one of the witnesses to the will)
• Decide and indicate what should happen to the inheritance of a minor beneficiary (e.g. Must it be paid into a trust, the Guardian’s Fund etc?)
• If you are the sole guardian of your minor child, indicate who should be appointed as the guardian of your child after your death.
• Ensure that your original signed will is kept safe by a trustworthy person or institution, as a copy of a will is not deemed a valid will.
• A bequest to your divorced spouse in your will, which was made prior to your divorce, will not necessarily fall away after divorce. The Wills Act stipulates that, except where you expressly provide otherwise, a bequest to your divorced spouse will be deemed revoked if you die within three months of the divorce.
• If you die without leaving a will or a valid will, your estate will devolve according to the Intestate Succession Act, 1987 (Act 81 of 1987). For instance: The state divides your belongings according to strict rules, prioritizing spouses and children first. Heirs may argue over who should manage things or who gets specific items, causing long delays at the Master's Office and the Master appoints a representative based on standard legal formulas rather than your personal choice.
