ESTATE PLANNING
BUILDING PLANS THAT ACTUALLY WORK
IS YOUR FAMILY TRULY PROTECTED?
A large number of South Africans, even those with a will, are not as protected as they believe. A will is a starting point and not a complete solution. When the time comes, poorly structured estates can leave families in financial distress, locked out of assets, waiting years for estates to be wound up, or discovering that wishes were not legally enforceable.
At Kone Attorneys, we have seen this pattern repeatedly. People who planned in good faith, but whose plans were incomplete, outdated, or not practically structured for what happens after they are gone. We exist to change that.
The Hard Truth About Estate Planning in South Africa
Most South Africans who have wills still don’t have estate plans. There is a critical difference. A will tells people what you want. An estate plan is the full legal architecture that makes it happen efficiently, legally, and with minimum burden to those you leave behind.
WHAT A PROPER ESTATE PLAN INCLUDES
We take a comprehensive, practical approach to estate planning that covers all the critical legal instruments:
Trust Structures
Where appropriate, we advise on the creation of testamentary or inter vivos (living) trusts to protect assets, care for minor children or vulnerable dependants, and ensure assets are managed and distributed efficiently, often with significant estate duty and tax advantages.
A Legally Sound Last Will and Testament
Your will must be correctly drafted, witnessed, and structured to be valid and enforceable. We ensure your will complies fully with the Wills Act 7 of 1953, reflects your current circumstances, and minimises the risk of disputes or legal challenges after your death.
Beneficiary Nominations
Many South Africans do not realise that assets such as life insurance policies, pension funds, and retirement annuities are governed by their own beneficiary nominations, not your will. We review and align all nominations to ensure your full estate works as a coherent whole.
Living Will / Advance Healthcare Directive
We assist clients in drafting a living will that records your healthcare wishes in the event that you are unable to communicate them, providing clarity and reducing the burden on family members during an already difficult time.
Power of Attorney
We draft powers of attorney that allow trusted individuals to manage your affairs including financial, property-related, or personal affairs, in the event of your incapacity.
Estate Administration Roadmap
We provide your estate with a clear practical guide, a step-by-step record that helps your executor and family know what exists, where it is, and how to proceed. This single document can save months of confusion and cost after your death.
WHY MOST ESTATE PLANS FALL SHORT
- Wills that are not properly witnessed or signed, rendering them invalid.
- Wills that have not been updated after marriage, divorce, or the birth of children.
- No trust structure for minor or vulnerable beneficiaries, assets go into the Guardian’s Fund.
- Life policies and pension funds with outdated or absent beneficiary nominations.
- No liquidity planning, estates with high asset value but no cash to pay expenses and taxes.
- No executor guidance, leaving families to navigate the Master’s Office without any roadmap.
- Estate duty exposure that could have been minimised with proper structuring.
What Happens Without a Proper Plan
When someone dies without a valid will (intestate), the Intestate Succession Act determines who inherits, not you. Your assets may not go to the people you intended. Beneficiaries may wait years for the estate to be finalised. Minor children’s inheritances may be frozen in the Guardian’s Fund until they turn 18. Your business may be forced to close. Your family may face financial hardship at the most difficult time in their lives.
OUR ESTATE PLANNING PROCESS
- Initial consultation where we understand your full financial and family picture.
- Asset and liability review so we can map everything that forms part of your estate.
- Gap analysis to identify what is missing or needs correction.
- Drafting to prepare your full suite of estate planning documents.
- Review and signing where we walk you through everything and ensure correct execution.
- Ongoing review is recommended where we review your plan every three to five years or after major life events.
A dynamic legal firm, providing professional assistance and comprehensive legal service to our clients at affordable rates.
Quick Links
Contact Us
- +27 (12) 323 4541
- +27 79 231 9817
- +27 (12) 321 0057
- info@koneattorneys.co.za
-
416 Kirkness Street, Loftus Park, Building B
4th Floor, Arcadia
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