Wills & succession · South Africa
Wills & estate planning.
A will that reflects your wishes, with planning that takes account of your family and assets.
Craig Webber prepares and reviews wills and advises on the wider arrangements needed to carry them out. The starting point is your circumstances, the people you wish to provide for and the assets involved.
How I can assist
Give your intentions practical effect.
Your will records how you wish your estate to be dealt with. A useful estate plan also considers whether those wishes can be carried out, who will do the work and what your family may need in the meantime.
The practice assists with first wills, replacements and reviews of existing wills, as well as planning where family circumstances, a trust or a business make the arrangements more involved.
The work can focus on a particular question or consider the wider plan. This includes identifying inconsistencies between documents and discussing choices that should be resolved before a will is signed.
Financial advisers, accountants and other attorneys are welcome to discuss a referral or a will that needs to be considered alongside their client’s existing arrangements.
Planning considerations
Consider the will in its wider setting.
The relevant questions depend on your family, ownership arrangements and objectives. The review may include the following areas.
- 01
Your will and intended beneficiaries
Preparing a new will or reviewing an existing one, considering specific gifts, the balance of the estate and alternative arrangements if a beneficiary dies before you.
- 02
Children and other dependants
Considering provision for minor children and other dependants, guardianship wishes and whether a testamentary trust or other arrangement is appropriate to administer an inheritance.
- 03
Executors, trustees and available cash
Considering who should carry out your instructions, the powers they may need and how debts, administration expenses and potential tax liabilities could be funded.
- 04
Trusts, business interests and other assets
Reviewing how the will fits with trust documents, business arrangements and beneficiary nominations, and identifying where advice from a tax, financial or foreign adviser is needed.
Estate planning needs to consider liabilities and the cash required for administration as well as who is to inherit. Any tax consequences depend on the facts and the applicable law.
Process & fees
From instructions to a signed will.
The first discussion establishes your intentions, relevant family circumstances and existing documents. The practice can then identify the advice and drafting needed, together with any questions requiring input from other advisers.
The agreed work may include a draft for your consideration, revisions following your instructions and guidance on signing and witnessing. Arrangements for safe custody of the signed original, and how the appropriate people will find it, should also be considered.
The written engagement will set out the scope and basis of fees, disbursements and any applicable VAT. Any wider estate planning, trust work or advice from other professionals will be addressed in the agreed scope.
Craig leads the practice personally. Boksburg consultations are by appointment. If you are based elsewhere, contact the practice to discuss suitable arrangements and whether it can assist.
About Craig WebberCommon questions
Before you instruct the practice.
I already have a will. When should I review it?
A marriage, divorce, birth, death, change in family relationships, substantial change in assets or move abroad is a useful reason to review the plan. Business and trust changes can also affect it. A review may confirm that the existing will remains suitable; it does not necessarily require a replacement.
Does my will determine what happens to every asset?
The review needs to establish what you own personally and how each asset is held. Trust assets, company assets, retirement fund death benefits and some policy proceeds may follow different rules or arrangements. Beneficiary nominations and the relevant governing documents should be considered alongside the will.
Can I simply change the wording or sign the will myself?
A will and amendments must meet the applicable legal formalities. Signing, witnessing and any special requirements need attention as well as the wording. The instruction can include guidance on proper execution. Please seek advice before making handwritten changes to an existing signed will.
Must I nominate the practice as executor?
The preparation of your will and the choice of executor are separate decisions. Craig can discuss the suitability of a proposed executor and any professional assistance they may need. An appointment involving the practice can be considered where appropriate, with the role and remuneration discussed expressly.
What if I have assets or a will in another country?
Please raise this at the outset. Existing foreign wills and the assets they cover need to be considered before a new will is prepared or an earlier will is revoked. The scope may include coordinating with an adviser in the relevant jurisdiction.
Preparing for a discussion
Start with what you want to achieve.
In your initial enquiry, explain whether you need a new will, a review or advice on a particular issue. Give the names of the relevant parties for conflict checks and mention any urgent date or concern.
Please wait until the practice has confirmed that it can assist before sending your will, identity documents, financial information or other confidential records.
Information that may be needed later
Your existing wills and codicils, relevant marriage documents, an outline of your assets and debts, and any trust or business arrangements may be needed. Details of intended beneficiaries and proposed executors or trustees can then be considered within the accepted instruction.
Practical resource
Is your existing will still workable?
Craig’s article sets out seven questions to consider when reviewing a will alongside the wider estate plan. A two-page checklist is also available.
Accepting new wills & estate planning instructions
Discuss your plans with Craig.
Contact Craig W. A. Webber Attorneys with a brief outline of the assistance required. Acceptance is subject to conflict checks and a written engagement.
Unit 207, Tuscan Estate, 15 Van Heerden Road, Libradene Village, Libradene, Boksburg, Gauteng, 1459. By appointment.
General information about South African wills and estate planning. See the Wills Act and SARS estate duty guidance. Advice on your arrangements requires the relevant facts and documents.