When someone dies, the people left behind are usually managing grief and administration at the same time. We work with families, executors and trustees to move the legal process forward correctly — protecting beneficiaries and keeping the administration on track, however complex the estate.
We handle the complete administration of deceased estates — from reporting to the Master, through liquidation and distribution — with thoroughness and sensitivity.
When a person loses capacity to manage their affairs, we bring the High Court application to appoint a curator to act for them — the route South African law provides once a power of attorney can no longer be used.
Properly drafted wills, carefully structured trusts and ongoing trustee advisory — the building blocks of sound succession planning for individuals and family groups.
Estates and trusts intersect the deeply personal and the technically complex. A deceased estate must be wound up in accordance with the Administration of Estates Act, the will, and the interests of sometimes competing beneficiaries — all while a family is grieving. Curatorship applications require careful engagement with the Master's Office and the courts. Trust administration demands ongoing vigilance against liability.
We bring both the technical expertise and the patience that this work calls for — keeping families informed, protecting beneficiaries, and completing the process correctly.
Administering a deceased estate involves a defined legal process, but its complexity varies enormously depending on the size of the estate, the number of beneficiaries, the nature of the assets, and whether the will is contested. We act as executor or assist appointed executors at every stage.
We report estates to the Master of the High Court, attend to the appointment of the executor and manage all correspondence with the Master throughout the administration.
We prepare the liquidation and distribution account, attend to creditor notice publication, and ensure that the estate is wound up in accordance with the Administration of Estates Act and any applicable testamentary directions.
We liaise with SARS on estate duty and income tax, obtain clearance certificates, and coordinate the transfer of fixed property and other assets to the beneficiaries through conveyancing correspondents.
Where a person dies without a will, we guide the family through intestate succession and the appointment process, ensuring the estate is administered in accordance with the Intestate Succession Act.
When a person loses the mental or physical capacity to manage their own financial affairs or person, someone must step in. South African law provides for this through curatorship — a formal court-sanctioned appointment that protects both the incapacitated person and those who deal with them.
We bring applications in the High Court for the appointment of a curator bonis — a person authorised to manage the financial affairs of an incapacitated individual. We prepare and run the application: the founding papers, the supporting affidavits and the security documentation the Master requires. The medical evidence is provided by the treating practitioners, and the Court appoints a curator ad litem — usually an advocate — to report independently on the patient's interests.
Where the care and custody of an incapacitated person (rather than their property) is at issue, we assist with the appointment of a curator ad personam and the ongoing management of that appointment.
South African law does not recognise an enduring or durable power of attorney — an ordinary power of attorney lapses the moment the grantor loses capacity. Once that happens, a High Court curatorship application is the route the law provides, and it is unavoidable. We bring those applications. What you can put in place while well is a sound will and, where appropriate, a trust — so that your estate is governed the way you intend.
End-to-end administration of testate and intestate estates — from the first consultation through to final distribution, including executor appointments, Master's Office liaison, creditor management and asset transfers.
High Court applications for the appointment of a curator bonis and curator ad personam once a person has lost capacity, and ongoing support to the curator managing the appointment.
Drafting and review of wills with an eye to the Administration of Estates Act, the Intestate Succession Act, and the interaction between the will and any existing trusts, antenuptial contracts or business succession arrangements.
Inter vivos and testamentary trust formation, trust deed drafting, trustee appointment and registration with the Master, and ongoing trustee advisory to ensure compliance with the Trust Property Control Act and best practice governance standards.
We accept appointments as executor in estates where the family requires professional administration, or act as agent for an executor who requires legal support but is managing the process directly.
Where estates or trusts become contested — through disputed wills, executor or trustee removal applications, or beneficiary disputes — our litigation practice takes over, with specialist experience in estate and trust litigation in the High Court.
The families we work with are often under significant stress. Clear communication and honest timelines are as important as technical accuracy — but they are not a substitute for it. We do both.
A will that does not reflect your true intentions, or a trust deed that has not kept pace with your circumstances — each creates risk. We invest time in getting the foundations right.
The size of the estate, the family dynamics, the nature of the assets and whether there is a valid will all shape the process profoundly. We tailor the approach to the actual matter, not a standard template.
"The work is complete when the family can move forward — not simply when the legal process is closed." — De Klerk Turner Incorporated, Estates & Trusts Practice
Where estates or trusts become contested — executor removals, disputed wills, trustee disputes — our litigation team takes the matter into the High Court.
RelatedTransfer of fixed property to heirs or beneficiaries forms part of the estate administration process, coordinated by us and registered by conveyancing correspondents.
RelatedNotarial bonds, antenuptial contracts and certain estate instruments require notarial execution — handled in-house at DKT.
Administering a deceased estate involves reporting the estate to the Master of the High Court, appointing an executor, identifying and valuing assets and liabilities, notifying creditors, preparing a liquidation and distribution account, paying estate duty and taxes, and finally distributing the residue to heirs. The process typically takes 6 to 18 months depending on complexity.
A curator bonis is a person appointed by the High Court to manage the financial affairs and property of an individual who lacks mental capacity. The appointment requires a court application supported by medical evidence. De Klerk Turner Inc. handles curatorship applications and also acts as curator where appropriate.
Yes. We assist clients with will drafting, trust formation and trust governance. Tygue Turner leads our private client practice and advises on estate planning, testamentary trusts, inter vivos trusts, and the administration of trust assets.
The administration of a deceased estate in South Africa typically takes between six months and two years, depending on the size and complexity of the estate, whether there are disputes among beneficiaries, the nature of the assets, and the efficiency of the Master of the High Court in the relevant jurisdiction. Estates with immovable property, business interests or contested wills take longer. We manage the process from reporting to the Master through to final distribution, keeping beneficiaries and executors informed at each stage.
An inter vivos trust is created and takes effect during the founder's lifetime — it is registered with the Master of the High Court and begins operating immediately. A testamentary trust is created in a will and only comes into existence on the death of the testator, typically to hold assets for the benefit of minor beneficiaries until they reach a specified age. Both types serve different estate planning purposes and require careful drafting to achieve the intended outcome.
If a person dies intestate (without a valid will), their estate is distributed according to the Intestate Succession Act 81 of 1987. The surviving spouse and descendants share the estate according to a statutory formula. If there is no spouse or descendants, the estate passes to parents, siblings, and more distant relatives in order. The Master of the High Court still appoints an executor — an executor dative — to administer the estate; there is no separate 'administrator' for a deceased estate. Dying intestate often produces outcomes the deceased would not have chosen, which is why a properly drafted will is important.
Yes. Trust disputes — including applications to remove a trustee, disputes over distributions, beneficiary accounting demands, and breaches of trust — are a core part of our estates and trusts practice. We act for both beneficiaries and trustees in these disputes, and we advise on whether the matter should be brought before the Master of the High Court or through full litigation.
Estate duty is levied at 20% on the first R30 million of dutiable value and 25% above that, after a primary abatement of R3.5 million per person. Property left to a surviving spouse is fully exempt under section 4(q), and unused abatement rolls over to the surviving spouse's estate under section 4A — potentially doubling the abatement to R7 million. De Klerk Turner Inc. advises on estate duty exposure and planning strategies to reduce the liability before it crystallises.
