Trusts, Wills & Estate Planning

Trusts, wills, and estate planning in South Africa involve legal services that focus on ensuring the orderly transfer of assets and property, as well as providing for the financial well-being of individuals and their beneficiaries both during their lifetime and after their passing. These legal services help individuals plan for the distribution of their assets, minimize tax liabilities, and protect their loved ones' interests. Here are some of the key legal services covered under trusts, wills, and estate planning in South Africa:

1. Wills:

• Drafting and reviewing wills that outline how an individual's assets and property should be distributed upon their death.
• Including provisions for appointing executors, guardians for minor children, and instructions for the handling of specific assets or possessions.

2. Living Wills:

• Assisting individuals in creating living wills or advance healthcare directives, which outline their medical treatment preferences in case they become incapacitated and unable to communicate their wishes.

3. Estate Planning:

• Advising clients on strategies to effectively manage their estates during their lifetime, with the goal of maximizing wealth preservation and minimizing tax liabilities.

4. Trusts:

• Creating various types of trusts, such as family trusts, testamentary trusts, and special-purpose trusts, to hold and manage assets for the benefit of beneficiaries.
• Drafting trust deeds and establishing the legal framework for the administration of trusts.

5. Asset Protection:

• Advising on legal strategies to protect assets from potential creditors, litigation, and other financial risks.

6. Estate Tax Planning:

• Assisting clients in minimizing estate taxes and transfer duties through strategic estate planning techniques.

7. Succession Planning:

• Developing comprehensive plans for the smooth transfer of ownership and management of businesses, farms, and other assets to the next generation.

8. Beneficiary Designations:

• Advising on beneficiary designations for retirement funds, life insurance policies, and other accounts to ensure they align with estate planning goals.

9. Minors and Dependents:

• Providing for the financial well-being of minor children or dependents by establishing trusts or testamentary provisions that protect their interests.

10. Charitable Giving: - Advising clients on charitable giving and setting up philanthropic trusts or foundations to support charitable causes.

11. Estate Administration: - Assisting executors in administering estates after a person's passing, including filing necessary documents, distributing assets, and settling debts.

12. Mediation and Dispute Resolution: - Resolving disputes that may arise from estate matters, such as contested wills, inheritance disputes, and disagreements among beneficiaries.

13. International Estate Planning: - Addressing estate planning concerns for individuals with assets or beneficiaries in multiple countries, including considerations related to international tax and legal systems.

14. Long-Term Care Planning: - Advising on legal strategies to plan for long-term care needs, including nursing home care and other healthcare costs.

Estate planning attorneys in South Africa play a crucial role in helping individuals and families secure their financial future and ensure the smooth transition of assets to the next generation. They provide customized solutions to address clients' unique circumstances and goals while complying with relevant laws and regulations.

LEXICON Specialists in Trusts, Wills & Estate Planning

Anthony Bowes
Louw Jansen

Our estate department offers extensive estate planning to ensure your estate is structured to not only benefit you during your lifetime but your heirs when you are gone. Our services include:

• Administration of deceased estates
• Tax advice and sound estate planning
• Trust formation, amendments and termination
• Drafting of Wills including living wills