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When life presents challenges, our experienced team is here to stand by your side with compassion, expertise, and efficiency, we strive to be your reliable partner during the most pivotal moments in life.

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Don't Leave Your Legacy to Chance.

Partner with IE&T to safeguard both Your and your family’s future with a Last Will and Testament.

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Your Will

Everyone should have a Will! Having a Will ensures that your assets are transferred as you wish, while lessening the stress of an already difficult time, by lightening the emotion burden on your family on your passing. It’s the most important document you will ever sign and the best gift you can leave to your heirs.

We work with you to minimise the estate duty and taxes, provide liquidity, ensure provision for your dependents, and see that your assets are transferred correctly.

What is the purpose of a will and why is it essential to have one?

A will is a legally binding document that outlines your desires concerning how your assets should be distributed and how the well-being of any underage children should be managed. If you pass away without a will, there’s a risk that your intentions might not be honored. This could result in your loved ones needing to invest extra time, finances, and emotional effort to finalise your affairs.

As this is vital legal document it is a good idea to keep it in a safe place, inform a trusted friend or relative about its storage. IE&T securely preserves clients’ original Will copies in a fireproof safe.

How often should I review your will?

Consider an annual review of your Will to maintain its relevance. Remember to nullify previous versions. Revisiting your Will is prudent during significant life changes, such as marriage or divorce, parenthood, a child’s marriage, a financial windfall, impending retirement, altering executors or beneficiaries, or their passing.

Who Should Have Knowledge of Your Will?

Involve various parties in your estate planning process. IE&T can assist with drafting your Will, your Financial advisor can ensure estate liquidity, your doctor can guide you on Living Wills and organ donation, and your accountant can advise on tax concerns. Make sure your relatives are informed about the location of essential documents, funeral preferences, organ donation instructions, and contacting IE&T for reporting to the High Court. Also, let them know who should be notified of your passing, such as your employer and pension fund administrator.

What occurs if a beneficiary of the Will no longer resides in South Africa?

If you intend to leave an inheritance to an individual who has departed South Africa but hasn’t completed formal emigration, they must acquire tax clearance before accessing their inheritance. They will be restricted to receiving the maximum foreign allowance amount unless formal emigration is carried out prior.

What are the consequences of dying without a Will?

When an individual passes away without a Will (intestate) the Estate will be managed according to the Laws of Intestate Succession, which might significantly differ from the deceased’s intended wishes. These rules outline how the estate must be divided among heirs, since there’s no Will to express the deceased’s wishes.

The Act primarily prioritises close relatives in the distribution order, as follows:

If only a spouse survives the deceased, the spouse inherits the entire estate. The term ‘spouse’ includes same-sex civil unions, religious marriages, and customary polygamous unions, but not cohabitation partners.
In the absence of a spouse but with surviving children, children share the estate equally.
If a spouse and children survive, the spouse receives a child’s share or R 250,000 (whichever is greater), and the remaining balance is shared equally among the children.
If there’s no spouse or children, the deceased’s parents, aunts/uncles, and siblings inherit.
In the absence of spouse, children, parents, aunts/uncles, and siblings, the closest relatives share the estate equally.

This means that without a Will, the deceased loses control over who inherits their estate, potentially leading to unintended beneficiaries.

Why Choose IE&T

At Independent Executor & Trust (IE&T), we take pride in being a well-established and trusted fiduciary partner to our clients during their most critical moments. With over 25 years of experience in the fiduciary services, we understand the significance of providing expert guidance and support during times of need.

Experience That Matters

With a wealth of experience spanning over two decades, we have honed our expertise in handling the intricacies of wills, estate administration and trust management. Our extensive knowledge empowers us to navigate complex legalities and procedures with precision.

Compassion and Understanding

We recognise that dealing with estate matters and trusts can be emotionally taxing. Our compassionate team is here to lend a caring hand, offering empathetic support throughout your journey.

Unwavering Trustworthiness

Trust is the cornerstone of our client relationships. You can rest assured that our fiduciary services are conducted with utmost integrity and transparency.

Efficiency and Diligence

Time is of the essence, especially during difficult times. Our efficient and diligent approach ensures that estate settlements and trust management are handled promptly and with meticulous attention to detail.

Tailored Solutions

We understand that each situation is unique. Our team collaborates closely with you to tailor solutions that align with your specific needs and wishes.

Your Estate

Estate administration can be a difficult and overwhelming process for families. That’s why we offer expert guidance and support to help you manage and distribute your loved one’s assets in accordance with their wishes. Our experienced professionals are here to assist you every step of the way, from identifying and valuing assets to distributing the remaining assets to beneficiaries. With our help, you can ensure that the estate administration process is handled smoothly and efficiently, providing peace of mind to you and your loved ones during a difficult time.

What is the scope of responsibilities when it comes to estate administration?

Estate administration involves the procedures that an executor or representative needs to undertake after a person’s passing. This includes reporting the deceased estate, gathering the assets of the estate, settling debts that the estate owes, and ultimately distributing the remaining assets among the rightful heirs.

What's the Distinction Between an Executor and a Representative? Is Attorney Assistance Necessary for Estate Administration?

The appointment depends on the estate’s value. An executor is designated for estates worth R250,000 or more, confirmed through a letter of executorship from the Master. A representative is appointed for estates under R250,000, confirmed with a letter of authorisation. Administering a deceased estate is usually manageable without an attorney’s aid. However, the Master might require attorney involvement in cases where no Will exists, minor children are involved, the estate is insolvent, or a trust is established by the Will.

How does the process of reporting estates work?

An estate must be reported to the Master within 14 days of death by lodging a completed death notice by anyone having control or possession of the Will of the deceased. The death notice (J294 form) and other reporting documents can be obtained from the internet or Office of the Master or Magistrate, but is usually taken care of by the Undertaker.

To get things started, a deceased person’s estate needs to be reported to appoint an executor or representative officially. This person will be supervised by the Master, who makes sure everything follows the right steps. The Master also checks that the chosen executor or representative is doing right by the estate, and can even replace them if they’re not.

What documentation does one need to report an Estate?

When reporting a deceased estate, you’ll need the original Will (no certified copies unless approved by the High Court), along with key initial documents such as the death notice, inventory list, application for Executor appointment, death certificate, and, if applicable, the Will. These documents provide essential information about the deceased, their assets, and any existing Will. Depending on the estate’s value, additional documents might be requested by the Master. Keeping copies of these documents is advisable for future reference and clarity.

What documentation does one need to report an Estate?

How long does it take to wind up an estate?

Settling an estate can take from around 6 months to in excess of 2 years.

The timeline is influenced by the complexity and extent of the deceased person’s assets and liabilities. While it typically shouldn’t be an overly intricate procedure and ideally concludes within a reasonable timeframe, numerous factors can introduce delays, some extending for months or even halting progress altogether. Common hindrances encompass inefficiencies in government and private services, problematic wills, financial shortfalls, disagreements among heirs, lack of information, tax and administrative complications, legal disputes before and after death, and, in cases of unnatural demise, mandatory legal inquiries necessary for certain policy payouts.

While the estate is being finalised, families might face significant bills without sufficient estate liquidity. It’s crucial to plan ahead to ensure your loved ones are financially supported. IE&T, along with your financial advisor, can help you create a comprehensive plan for you and your family’s needs.

What duties does an executor fulfil?

Responsibilities include securing assets , recovering debts, settling estate claims, supporting dependents, notifying creditors, establish and manage an Estate bank account, assessing estate solvency, conclude Income Tax, CGT, VAT, prepare a Liquidation and Distribution Account, and complete final distribution.

How does your Marital Arrangement affect your estate plan?

If you’re married in community of property (ICP), remember that the surviving spouse’s 50% share isn’t safeguarded from the deceased’s creditors. When one spouse passes, the estate’s assets are frozen until an Executor is appointed, a process that can take months. Keep in mind that each spouse owns 50% of the joint estate, limiting their freedom to make wills for their share. When the first spouse dies, the Executor handles settling the entire estate since a sole living spouse negates the joint estate. The Executor pays off all joint estate debts, including those from before the marriage. If the first-dying spouse had debts, the surviving spouse might face financial stress after settling them. After debts are cleared, the surviving spouse gets 50% of the estate’s net value. The remaining 50% follows the first-dying spouse’s will or intestate succession law if there’s no will.”

Secure your legacy today.

Build your legacy, plan your estate, secure your family’s future with IE&T today.

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Additional Services

Administration of Testamentary Trusts

If you have established a testamentary trust, you've taken an important step towards protecting and preserving your assets for future generations. AT IE&T we understand that managing and distributing the assets of a trust can be a complex and time-consuming process. Our experienced team takes a compassionate and supportive approach to ensuring that the assets of the trust are managed and distributed in accordance with the settlor's wishes, providing peace of mind to families and beneficiaries.

Managed Account Facilities

We take a client-first approach, putting your needs is at the forefront of everything we do. We understand that managing your day-to-day financial affairs can be overwhelming. With our Managed Account Facility, you can enjoy the peace of mind that comes with knowing that your financial affairs are in order. We take care of the details, so you can focus on what matters most - enjoying your life.

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