Areas of Practice
Deceased Estate Attorneys Cape Town
Expert administration of deceased estates in the Western Cape — guiding executors and beneficiaries through every step of the process.
The administration of a deceased estate is a formal legal process governed by the Administration of Estates Act 66 of 1965. At VDH Attorneys we assist executors, heirs and surviving spouses to navigate this process efficiently, ensuring that the estate is wound up correctly and that all beneficiaries receive what they are entitled to.
What We Handle
- Reporting the estate to the Master of the High Court
- Appointment of executor
- Liquidation and distribution accounts
- Intestate succession (dying without a will)
- Testate succession (dying with a will)
- Disputes between heirs and beneficiaries
- Creditor claims against the estate
- Transfer of immovable property
- Finalisation and distribution to heirs
- Curatorship and tutorship applications
When a person dies, their estate must be reported to the Master of the High Court within 14 days. The Master will appoint an executor — either the person nominated in the will or, where there is no will, a suitable person nominated by the heirs. The executor is responsible for collecting assets, paying debts and distributing the balance to the heirs.
Where the deceased left a valid will, the estate is administered in accordance with its terms. Where there is no will, the Intestate Succession Act 81 of 1987 determines how the estate is distributed. Our attorneys will advise you on the applicable rules and ensure that the estate is administered in compliance with all legal requirements.
The administration process can take anywhere from a few months to several years depending on the complexity of the estate, the number of heirs, and whether any disputes arise. We keep our clients informed at every stage and work to finalise matters as efficiently as possible.
Frequently Asked Questions
What is the difference between testate and intestate succession?
Testate succession applies when the deceased left a valid will — the estate is distributed according to the will's instructions. Intestate succession applies when there is no will, and the estate is distributed according to the Intestate Succession Act.
Who can be appointed as executor?
Any person over the age of 18 who is not disqualified (e.g. insolvent) may be appointed as executor. The Master of the High Court has discretion to appoint the person nominated in the will or, if no nomination is made, a person nominated by the heirs.
How long does it take to wind up a deceased estate?
A straightforward estate can be finalised in 6–12 months. Complex estates involving immovable property, disputes or large numbers of creditors and heirs can take considerably longer.
What happens if the deceased had debts?
The executor must pay all proven debts of the estate before distributing the balance to heirs. If the estate is insolvent (debts exceed assets), the estate is sequestrated and distributed to creditors in order of preference.