Page moved | Wills & Trust

This guide has moved to /family-trust-south-africa/disadvantages/.

Privacy Policy Terms of Service How Free Works Family Trusts Testamentary Trusts Living Wills Executor Services PAIA Manual

General information only. This website does not provide legal, financial, tax, fiduciary, investment, insurance, or Shari'ah advice. Read the important disclosures before relying on any information.

Important disclosures

General information only. The information on this website is general in nature and does not constitute legal, financial, tax, fiduciary, or investment advice. It does not replace advice tailored to your personal circumstances. Before acting on anything you read here, consult a qualified professional. Estate planning outcomes depend on your individual assets, family structure, marriage regime, tax position, and applicable South African law.

No professional relationship created. Using this website, submitting a form, or requesting a consultation does not create an attorney-client, fiduciary, financial advisory, or insurer-client relationship. A formal relationship exists only when expressly confirmed in writing after the required verification and agreement steps are completed.

POPIA privacy. We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Information submitted through this website is collected for estate planning, consultation, and administration purposes only. You have the right to access, correct, and object to the processing of your personal information. For full details, see our Privacy Policy.

Insurance and cover products. Any estate-liquidity or cover product is subject to underwriting, terms, conditions and exclusions. If a regulated insurance or intermediary service is proposed, the responsible insurer or authorised financial-services provider must identify itself and provide its statutory disclosures before that service begins. No particular insurer, intermediary or policy is identified on this page, and the policy documents govern in every instance.

Tax and estate duty. References to estate duty, capital gains tax, donations tax, and income tax on this website are general and illustrative only. Tax thresholds, rates, and rules change and depend on your individual circumstances. We do not provide tax advice. Consult a registered tax practitioner or attorney before making decisions that may have tax consequences. Information reflects South African tax law as understood at the time of publication and may not reflect subsequent legislative changes.

Trusts. Information about inter vivos and testamentary trusts is general only. Trust instruments are lodged with the Master of the High Court where required, and a trustee may act only after the Master gives written authority under the Trust Property Control Act 57 of 1988. Trust structures carry ongoing legal, tax, and administrative obligations. A trust arrangement that suits one family may not suit another. Seek independent legal and tax advice before establishing a trust. Wills & Trust provides intake and referral support and does not itself provide trusteeship, legal, or tax services.

Deceased estates. Wills & Trust is not an executor or estate administrator. It provides intake, factual qualification and referral support. The Master-appointed executor or representative remains responsible for the estate, and any legal, tax, conveyancing, fiduciary or administration work is performed by the independent provider identified in a written engagement.

Shari'ah-compliant planning. Shari'ah-compliant will and trust information on this website is provided for general guidance and does not constitute a formal Shari'ah ruling (fatwa). Individual circumstances, schools of Islamic jurisprudence, and asset structures may produce different outcomes. You should consult a qualified Islamic scholar and a South African legal practitioner to ensure your estate plan meets both Shari'ah requirements and the formal requirements of the Wills Act 7 of 1953.

Limitation of liability. To the extent permitted by law, Wills & Trust accepts no liability for loss or damage arising from reliance on information published on this website. We do not guarantee that documents, strategies, or guidance will achieve a specific legal, tax, or financial outcome, or that the Master of the High Court, any court, regulator, insurer, or third party will accept any document or position. You rely on this website at your own risk.