WHAT IS A DECEASED ESTATE?

A deceased estate is created upon the death of an individual who owned movable and/or immovable property registered in their name. The deceased estate must be reported to the Master of the High Court and lawfully administered and distributed in accordance with either; the deceased’s valid last will and testament, or the rules of intestate succession as set out in the Intestate Succession Act 81 of 1987, where no valid will exists.

The process is governed by the Administration of Estates Act 66 of 1965 (as amended). Compliance with statutory procedures, tax obligations, and proper reporting is critical to ensuring that the estate is lawfully and efficiently wound up, with minimal delay to heirs / beneficiaries.

OUR ADMINISTRATION OF DECEASED ESTATE SERVICES

In the unfortunate event of losing a loved one, relative or friend, our legal team is available to assist you through this difficult period and will take care of administering and winding up their Estate on your behalf from the beginning to the end.

At Ooni & Wadia Inc., we recognise that dealing with the estate of a loved one can be emotionally taxing and procedurally complex. We guide clients through every stage of the administration process with professionalism, empathy, and legal precision, ensuring that the estate is finalised correctly, efficiently, and in full compliance with South African law.

Our services are comprehensive, and our approach is tailored to the unique needs of each client and estate. At Ooni & Wadia Inc. Attorneys, Notaries & Conveyancers:

• We provide a fully managed, start-to-finish solution, relieving families of administrative and legal burdens.
• We aim to finalise estates within the shortest practical timeframes, subject to regulatory compliance.
• We maintain structured and transparent communication with all parties at agreed intervals.
• We take into account the unique financial, familial, and emotional context of each matter.
• We offer a free, no-obligation consultation to explain the process, clarify responsibilities, and outline all expected costs.
  

ADMINISTRATION OF DECEASED ESTATE SERVICES

At Ooni & Wadia Inc. Attorneys, Notaries & Conveyancers we provide the following services in respect of Administering a deceased estate:

• Consultations with clients, surviving spouses, or nominated executors
• Dealing with SARS in respect of Company and Close Corporation share valuations
• Dealing with SARS in respect of Estate Duty compliance
• Drafting and submission of estate reporting documents
• Attendance at the Master of the High Court (Johannesburg & Pretoria)
  
• Application for and collection of Letters of Executorship or Authority
• Publication of notices in terms of Section 29 and Section 35 in the Government Gazette and local newspapers
• Engagement with creditors and review of claims lodged against the estate
• Compilation and submission of the Liquidation and Distribution Account
• Submission of the estate duty return and SARS clearance
  
• Application for Master’s consent to sell or transfer immovable property
• Transfer of property into the names of heirs or purchasers
• Opening and management of a dedicated Estate Late Bank Account
• Distribution of assets, legacies, and cash surplus in accordance with the L&D Account
• Closing of the estate and formal discharge of the executor
  

WHAT SETS OUR FIRM APART 

Specialised Experience: We handle estates of varying complexity — including those involving multiple heirs, disputed wills, trusts, or property sales.

Master of the High Court Expertise: Our familiarity with the Johannesburg and Pretoria Masters’ Offices ensures swift and compliant filing.

Clear Communication: Clients are never left in the dark. We provide regular progress reports and proactive updates at key stages.

Compassionate Guidance: We recognise the personal sensitivity of each matter and combine legal precision with empathy and discretion.

Transparent Fee Structure: Our clients are given full visibility of all expected costs from the outset — no hidden charges, no guesswork.

Multidisciplinary Support: Where estates involve property transfers, trusts, or business interests, our in-house specialists ensure seamless handling.

FREQUENTLY ASKED QUESTIONS? (FAQ's)

Q: What is an estate and who administers it?

A: An estate refers to the total assets and liabilities left behind by a deceased person. The administration is undertaken by an executor appointed by the Master of the High Court under Section 13 of the Administration of Estates Act 66 of 1965. The Executor’s role includes identifying and safeguarding assets, settling debts, and distributing the net estate to beneficiaries.

Q: What is a Letter of Executorship?

A: A Letter of Executorship, issued in terms of Section 14(1)(a) of the Act, legally empowers the nominated executor to represent the estate. Without this document, financial institutions and government agencies cannot legally engage with the executor regarding estate matters.

Q: When must an estate be reported?

A: The estate must be reported within 14 days of death at the relevant Master’s Office, as per Section 7(1) of the Act. Failure to do so could result in administrative delays or penalties.

Q: What happens if no valid will is found?

A: In the absence of a valid will, the estate is distributed according to the Intestate Succession Act 81 of 1987. This prescribes a fixed order of inheritance prioritising the spouse and biological / adopted children.

Q: Can a beneficiary contest a will?

A: Yes. A will can be challenged on grounds such as undue influence, lack of mental capacity, forgery, or failure to meet the formalities under the Wills Act 7 of 1953. Beneficiaries may approach the High Court to initiate proceedings.

Q: Are taxes payable on the estate?

A: Yes. The estate may be subject to estate duty as per the Estate Duty Act 45 of 1955. Additionally, the Executor must settle any outstanding income tax with the South African Revenue Service (SARS) before distribution.

Q: What is a Section 18(3) estate?

A: If the total value of the estate is less than R250 000.00, it qualifies for a simplified administration process under Section 18(3) of the Act. A Letter of Authority, not Executorship, is issued to the representative.

Q: What is the Liquidation and Distribution Account?

A: This account, compiled under Section 35 of the Act, details the estate’s assets, liabilities, and proposed distribution plan. It must lie for public inspection for 21 days to allow objections.

Q: Who pays the estate’s debts?

A: Creditors are paid before any distributions to heirs. The executor must publish a notice to creditors in the Government Gazette and a local newspaper, inviting claims within 30 days.

Q: Can an Executor be removed?

A: Yes. In terms of Section 54(1) of the Act, the Master or the court may remove an Executor who is found to be unfit, negligent, or in breach of fiduciary duties.