Drafting of Last Will & Testament
The drafting of your Will forms an integral part of the estate planning process which is done in conjunction with your personal financial advisor. We work very closely with various financial planners and advisors should you require independent advice or don’t have a financial advisor. We know that it’s very important for every client to ensure that their loved ones are taken care of. It is therefore imperative that your Will is drafted by a professional with the necessary experience. Our service includes the following:
- Drafting of your Last Will & Testament (simple & complex);
- We analyse and provide the necessary advice with regards to tax, estate duty and other legal issues and assist with succession planning;
- We provide safe custody for the original Will at no additional charge;
- We attend to free yearly updates of a client’s Will to ensure the document stays up to date and relevant to give a client peace of mind.
- Click here for Will Application Form
Administration of Deceased Estates
When a loved one passes away, the family members areoften left with an administrative nightmare or just don’t know where to start and what the law requires. With our specialised knowledge and experience we ensure that the stress is minimised, which allows you to tend to your and your family’s needs, while we tend to the administration of the estate. Our services can be summarised as follows:
- We act as Executors or the representative of the Executor in the administration process of a deceased estate;
- With the necessary knowledge and expertise we ensure that an estate is finalised as soon as possible to give peace of mind to family members who were and still aredependent on the deceased;
- We have existing relationships with the Master of the High Court to avoid unnecessary delays;
- We further attend to the administration process in the event that there is no Will and the person died intestate.
- Click here for a short description of the administration process.
- Click here for Administration of Deceased Estates Application
Drafting & Registration of Trust Deeds
Trusts are an important tool to consider when estate planning is done. An InterVivos Trust is a trust established while the Founder of the trust is still alive which safeguards and administers assets for the benefit of selected beneficiaries. Certain trusts which can be created for a person in his Will are called Testamentary or Mortis Causa Trusts. This includes trusts created on death of a person for minor children etc. The Founder or Testator nominates the Trustees who attend to the administration of the Trust Fund (assets in the Trust). The services include:
- Aprofessionally drafted Trusts which complies with all the legal requirements;
- Registration of the Trust Deed with the Master of the High Court to obtain a Letter of Authority. This includes:
- Testamentary Trusts;
- Inter VivosTrusts for example, Family Trusts, Business Trusts, Charitable Trusts, BEE Trusts and Trusts for mentally and physically disabled persons
- Click here for Trust Application Form
Administration of Trusts
The trustees appointed in the trust ensure that the trust is administered in accordance with the responsibilities set out in the trust deed and that they further comply with the applicable legislation and any further precedents set by our courts. The trustee needs to act independently for the benefits of the beneficiaries.We assist with the comprehensive administration of trusts, which includes the following:
Secretarial and administrative services:
- Attend the annual general meeting or trustee meetings, draft agenda and minutes for the meeting and attend to signatures where necessary;
- Chair meetings where necessary;
- Attend to FICA (Financial Intelligence Centre Act) requirements for founder, trustees and beneficiaries.
Trust income and expenditure:
- Monitor payments, income & expenditure;
- Maintain the loan accounts for the Founder or any Donor;
- Ensure all accounts earns interest at a competive rate;
- Specific investment portfolio’s as per financial planner’s recommendations;
- Competitive and unique price structure to make trust administration more affordable;
- Annual internal audit when balance sheet completed.
Legal & other compliance:
- Provide legal advice and ensure legal requirements for administration of trust is met;
- Assist with legal agreements and various contracts on behalf of the trust;
- Ensure the Trust is kept up to date with all amendments to legislation and new precedents made by our courts;
- Draft and advise any amendments to trust deed;
- Lodge necessary amendments and documents with the Master of the High Court.
Tax Compliance & Accounting:
- Appointment of accountant if necessary and ensure at all times that trust complies with the tax legislation and that annual returns are submitted to the South African Revenue Serviceon time.