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Wills & Estates
Planning for the future is one of the most important things you can do for the people who depend on you.
At RC Smith and Associates, our wills and estates team helps individuals and families across Cape Town draft valid wills, wind up deceased estates, and set up trusts that protect assets for the next generation.
From putting a will in place for the first time, to updating an outdated one or acting as an executor for a loved one's estate, our attorneys guide you through every step with clear, practical advice.
We can help you with:
- Drafting of wills and codicils (amendments to wills)
- Applying for Letters of Executorship or Letters of Authority from the Master of the High Court
- Winding-up of deceased estates
- Drafting trust deeds
- Trust registration and administration
Why Should You Have a Will?
A will avoids disputes among family members and lets you decide exactly who benefits from your estate. It allows you to provide for children and dependents, appoint a guardian for minor children, and place an inheritance in trust rather than leaving it with the state-run Guardian's Fund.
A will also gives you the chance to plan ahead for administration costs, estate duty, and other expenses your family would otherwise have to cover unexpectedly.
Dying without a valid will, known as dying intestate, means your assets are distributed according to a fixed legal formula rather than your own wishes, which can leave a spouse, partner, or dependent without the provision you intended. We've outlined some of the common mistakes people make in their wills, from outdated beneficiary details to vague wording that leads to disputes down the line.
Administering a Deceased Estate
Losing a family member is difficult enough without having to navigate the legal process that follows. Once a person passes away, their estate must be reported to the Master of the High Court, who issues Letters of Executorship (or Letters of Authority for smaller estates) authorising an executor to act on the estate's behalf.
The executor then advertises for creditors, settles debts, and distributes what remains to the heirs. Our step-by-step guide to winding up a deceased estate walks through the full process, and we've also broken down what an executor or lawyer typically charges so families know what to expect.
Depending on the size of the estate, estate duty may also be payable, which is something our team factors into estate planning from the outset.
For a practical breakdown of the process, the costs typically involved, and a checklist of documents required, download our guide to deceased estate administration.
Trusts and Estate Planning
A trust can be a valuable tool for protecting assets, providing for minor children, or planning ahead for estate duty. It's worth understanding the difference between a trust account and a trust fund before deciding whether a trust is right for your circumstances, and it helps to know how long it takes to register a trust so you can plan around the process.
Our attorneys offer full trust registration and administration services, drafting trust deeds that are clear, valid, and built to avoid disputes between trustees and beneficiaries later on.
Why Choose RCS Law
Our team of attorneys has years of experience guiding Western Cape families and individuals through wills, estate administration, and trust matters.
We take the time to understand your circumstances, explain your options in plain language, and make sure your wishes are captured in a document that will hold up when it matters most. If your estate also includes property that needs to be transferred to an heir, our property law team can assist with that process too.
Our professionals will gladly assist you in drawing up a will that captures your wishes, is valid, and practically enforceable.
CONTACT US today to set up an appointment.
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Talk to Us Directly
Ralph Smith
Email: ralph@rcslaw.co.za
Phone: 021 202 5965
Cell: 083 537 9310
Mari Botma
Email: mari@rcslaw.co.za
Phone: 021 202 5965
Cell: 084 987 5224