Deceased Estates, Trusts & Wills

At MP & Associates we provide a full-service Deceased Estates, Trusts & Wills practice that helps clients plan for the future, protect assets, reduce risk, and manage the legal administration when a person dies. Whether you need a professionally drafted will, a bespoke trust structure, or efficient administration of a deceased estate, our team offers clear advice and hands-on support through every step.

Our approach is practical, tax-aware and family-focused. We explain options in plain language, prepare robust documentation, and liaise with courts, Master’s offices, SARS, financial institutions and beneficiaries to finalise matters as swiftly as possible.

Who this service is for

• Individuals wanting a clear, legally valid will.

• Families seeking to protect vulnerable beneficiaries (minor children, dependants, persons with special needs).

• Business owners protecting succession and continuity.

• Trustees and beneficiaries needing trust administration, amendments or terminations.

• Executors and administrators requiring professional assistance with estate winding-up.

• Estates where insolvency, disputes, or complicated assets (foreign assets, shares, IP) are involved.

Core service offerings (what we do)

Will drafting & review

• Drafting clear, legally compliant wills (single, joint, testamentary-trust wills).

• Reviewing and updating existing wills to reflect life changes (marriage, divorce, new children, relocation, asset changes).

• Custom clauses for guardianship, testamentary trusts, usufructuary rights and special bequests.

• Advice on tax-efficient bequests and estate duty planning.

Estate planning

• Holistic estate planning tailored to your family, business interests and tax position.

• Succession planning for family businesses and closely held companies.

• Structuring of testamentary trusts and life interest trusts to protect minors or vulnerable beneficiaries.

• Advice on donations, antenuptial contracts and consequences of marriage regimes on estates.

Trust services

• Drafting and amending trust deeds (inter vivos and testamentary trusts).

• Advice on trust choice (family trust, discretionary trust, special needs trust) and governance.

• Assistance with trustee appointments, trustee duties and meeting minutes.

• Trust administration, compliance with annual returns and SARS requirements.

• Trust termination and distribution processes when required.

Deceased estate administration

• Full administration of deceased estates from reporting to the Master of the High Court through final distribution.

• Preparation and filing of notices, inventories, liquidation and distribution accounts.

• Liaison with Master’s office, banks, SARS, insurance companies and conveyancers.

• Asset tracing, valuation coordination, and sale arrangements where necessary.

• Handling creditor claims, tax clearances and final distribution to beneficiaries.

Insolvent/debtor estates

• Management of insolvent deceased estates where liabilities exceed assets.

• Guidance on sequestration, bona vacantia issues, and creditor negotiation.

• Assistance with claims against insolvent estates and protection of executor/trustee interests.

Estate duty & tax matters

• Calculation and advice on estate duty, executor’s fees, and capital gains tax implications.

• Preparation and submission of estate income tax returns and estate duty returns.

• Advice and strategies to mitigate estate duty where lawful and appropriate.

Executor and trustee advisory

• Acting as legal advisors to executors and trustees to ensure proper statutory compliance and to limit personal liability.

• Training and guidance for lay executors/trustees on record-keeping, distributions, and meeting legal deadlines.

Typical process & timeline

(Estimated timelines are provided as guidance — complexity and Master’s office backlogs affect timing.)

1. Initial consultation (1 week)

   • We meet to understand your family, assets and objectives. We review any existing wills or trust documents and advise on immediate steps.

2. Advice & planning (1–3 weeks)

   • We provide a written plan outlining recommended documents and strategies (will, trusts, donations, further documents).

3. Drafting & review (1–2 weeks)

   • Preparation of wills, trust deeds or estate documentation. You review drafts and we incorporate any changes.

4. Execution (one arranged appointment)

   • Witnessed signing and safekeeping advice. We can provide guidance about safe storage and registration where appropriate.

5. On death — Administration begins (3 months to 2+ years depending on complexity)

   • Report the estate to the Master, obtain Letters of Executorship, collect assets, settle debts, obtain tax clearances and distribute assets. Simple estates may conclude within months; complex or disputed estates take longer.

Documents we commonly need

• Identity documents of deceased & beneficiaries.

• Original will (if any).

• Death certificate.

• Marriage certificate / antenuptial contract (if married).

• Latest bank statements, investment statements and policies.

• Title deeds for property, vehicle registration papers.

• SARS tax documents / assessment notices.

• Company documents (if deceased was a director/shareholder).

• Trust deeds (if trust assets involved).

• Any loan agreements, credit statements or creditor correspondence.

If documents are missing, we assist with tracing and obtaining necessary records.

Fees & billing

We provide transparent fee estimates after the initial consultation. Typical billing approaches include:

• A fixed-fee quoted for specific tasks (e.g., drafting a will, amending a trust deed).

• Hourly rates for complex advisory work or contested matters.

• Estate administration fees are often calculated in line with Master’s guidelines (executor’s fees) plus agreed legal fees for administration work.

We always confirm an engagement letter before commencing work and are happy to provide a written fee estimate for your matter.

Why choose MP & Associates for estates, trusts & wills

• Experience: Practical experience in estate administration, trust law and estate planning.

• Care & discretion: Sensitive family matters handled with confidentiality and empathy.

• Practical, tax-aware solutions: We aim to minimise complications and tax burden where lawful.

• Full-service support: From planning to winding up, we manage every legal step.

• Personalised approach: Documents and strategies tailored to your family dynamics and goals.