Wills
Morrow & Morrow Inc. provides comprehensive services in the preparation and management of Wills, offering expertise in drafting, reviewing, and updating these vital legal documents. We recognise the importance of a well-structured Will in ensuring that your wishes are clearly recorded and legally enforceable.
At Morrow & Morrow Inc., our priority is to provide clients with clarity and peace of mind by ensuring their affairs are in order and their loved ones are protected according to their wishes. We take time to understand each client’s unique circumstances and objectives, delivering tailored advice on estate planning strategies designed to safeguard assets, minimise tax exposure, streamline the distribution process, and cater for the needs of loved ones.
Your wishes are honoured.
A will makes sure your hard-earned assets go to the people you choose — your spouse, children, or friends. If you don’t have a will, the government decides who gets what according to fixed rules, which might not be what you wanted, maybe even the government.
Your family is protected.
You can make sure your loved ones are taken care of, and if you have minor children, you can put measures in place to look after them. The High Court will ultimately decide guardianship over minor children; however, a clear statement in your Will of our wishes may be used in support of the Application for guardianship.
Less fighting among family members
When your wishes are clearly written down in your will, your family knows exactly what you wanted. This helps prevent arguments and bad feelings about who should get what – it’s decisive.
The process is quicker and easier.
If you have a will, the professional you choose (called an executor) can sort out your estate faster. Without one, it may take longer because the Master of the High Court has to appoint someone to handle everything, which can be quite challenging.
You can choose what happens to special items.
A will lets you award certain items — like your home, car, or jewellery — to specific people who mean something to you.
Gives peace of mind
Having a valid will means you can relax knowing that your family will be taken care of and that your wishes will be respected when you’re gone.
The Master issues the Letters of Executorship to the nominated executor, albeit the appointment by Will or nomination (if no Will or below R 250 000.00 gross assets), who will then be empowered to administer the estate of the deceased. The executor has specific powers and functions and is solely responsible for the administration of the estate to which he/she is appointed. If multiple Executors are nominated, the Master will appoint all the nominated executors, provided they are not incapacitated, comply with the requirements of the Estates Act and are willing to accept the appointment, which may create problems.
You require a professional from Morrow & Morrow Inc. to administer the estate because not only are certain persons disqualified from administering an estate over R250 000, but the law also prohibits the liquidation or distribution of deceased estates in South Africa by anyone other than an attorney, notary, conveyancer, or a qualified law agent in accordance with Government Notice No. R.910, published on 22 May 1968.
A person of 16 years or older may sign a document purporting to be a Will:
- Must be in writing.
- Signed by the Testator/Testatrix at the end thereof.
- By the Testator/Testatrix OR by some other person in his/her presence, and by his/her directions
- Such signature is made by Testator/Testatrix or other person and thereafter acknowledged by Testator/Testatrix or other person.
- In the presence of two or more competent witnesses, over the age of 14 years, who must be present at the same time of signature.
- Other special conditions also exist where a person is unable to sign or is blind.
Deceased Estates
Morrow & Morrow Inc provides Specialist Deceased Estates services & support, guiding families with care and professionalism through every step of the process.
We handle the full administration of estates, including identifying and collecting assets, settling debts and taxes, distributing assets in accordance with the Liquidation & Distribution Account, a Will or Intestate Succession Laws, and resolving any disputes that may arise between beneficiaries.
With a commitment to transparency and efficiency, our team ensures that all legal requirements are met, documentation is accurately prepared and filed, and deadlines are adhered to.
Our goal is to alleviate the burden of grieving families by managing the legal and administrative responsibilities with due diligence and compassion, allowing them to focus on what truly matters during a difficult time and getting their own lives back on track.
01.
Consultation
Consultation with beneficiaries, dependants and completion of documentation
02.
Reporting
Letter to Master of the High Court
Application for Letters of Executorship / Authority
03.
LETTERS OF EXECUTORSHIP / AUTHORITY
Receipt of the Letter of Executorship / Authority
04.
ADVERTISE, OPENING LETTER & BANK ACCOUNT
- Advertise for creditors and debtors
- Draft opening letters to creditors, debtors, SARS, and other interested parties
- Open estate late bank account
05.
L&D ACCOUNT
- Realise assets
- Draft Liquidation and Distribution Account and
- Lodge with the Master
06.
QUERY SHEET
Receive and address query sheet from Master
07.
ADVERTISE
Liquidation and Distribution Account advertised to lie open for inspection for any interested person to object
08.
RECONCILIATION
Reconcile Liquidation and Distribution Account against the bank account
09.
DISTRIBUTION
Distribute assets in accordance with the liquidation & distribution account
10.
FILING NOTICE
- Apply to Master for filing notice.
- Estate now complete
Consultation
After we accept your instruction for assistance with the administration of the estate, an appointment with the executor, the surviving spouse and family must be arranged. This must be done as quickly as possible, not only to set the family members’ minds at ease that the estate has been placed in capable hands, but also due to the fact that the Estates Act sets certain time limits within which the estate must be reported.
This step is crucial in the administration process, and we must strictly adhere to completing the reporting documents for submission to the Master.
Reporting the Estate
This is an important step in the administration process, and proper and strict compliance must be given to the completion of the reporting documents, which we must submit to the Master – Online
Letters of Executorship/Authority
After the estate was reported at the office of the Master, he issues the letters of executorship in terms of which the executor is authorised to administer (wind up) the estate. Unfortunately, without the letters of executorship, the nominated executor may not proceed with the administration of the estate.
Advertise to Creditors / Debtors
After the letters of executorship have been issued, a notice is published in a local newspaper in which debtors are requested to pay their debts and creditors to submit their claims against the estate within 30 days after the date of publication of the notice.
Liquidation & Distribution Account
All amounts owing to the estate are collected. Fixed property, movable property and shares are appraised by persons specially appointed by us, and certificates to assert all other estate assets are acquired. Unless the will provides otherwise, estate assets may only be sold to pay debts or with the permission of the heirs.
Then the liquidation and distribution account is drafted and lodged with the Master of the High Court. This account is a report of all the assets and liabilities as on the date of death, and it also reflects the distribution of the net surplus between the heirs.
Query Sheet
The Master examines the account and issues a memorandum known as a query sheet in which the requirements to finalise the estate are set out.
Advertising the account as laying for inspection
After the Master has examined and approved the account, the account must be advertised as lying for inspection by any interested person for a minimum period of 21 (twenty-one) days.
Reconciliation
A final cash reconciliation statement is prepared, and the available cash (if any) is distributed to the heirs.
Distribution
The distribution takes place in accordance with the directions in the will, or where the deceased died without a will, the distribution is done in terms of the law of intestate succession.
If the estate is solvent, the estate debts are paid, or arrangements are made for the taking over of debts by heirs, for example, the taking over of existing mortgage bonds over fixed properties.
After all the assets have been handed over or transferred to the heirs and all debts of the estate have been paid, an application is made to the Master for the discharge of the executor and the estate is therewith finalised.
Filing Notice
After the estate has been distributed, the Master’s final requirements must be replied to. This includes submitting to the Master proof of payment of Master’s fees and estate duty, proof of transfer of the fixed property and cancellation of the bond, proof that heirs and creditors have been paid and the bank statements and paid cheques, including the final bank statement reflecting a nil balance.
Quick Planning Cost Guide
Excludes property transfer fees and tax liabilities
| Estate Value | Estimated Minimum Admin Costs* |
|---|---|
| R 500 000 | ± R 25 000 – R 35 000 |
| R 1 million | ± R 45 000 – R 60 000 |
| R 2 million | ± R 80 000 – R 100 000 |
| Description | Estimated Cost | Explanation |
|---|---|---|
| Legal Advertisements | R 1 300.00 | Required notices in the Government Gazette and a local newspaper. |
| Postage & Admin Expenses | ± R 299,00 (VAT incl.) | Covers certified copies, Master’s Office visits, and general administrative expenses. |
| Master’s Office Fees | Based on estate value: • Under R 250 000 → R 0 • R 250 000 – R 400 000 → R 600 • Over R 400 000 → Up to R 7 000 | If the estate is valued below R250,000, no fees are charged; for estates between R250,000 and R400,000, a fee of R600 is payable; if the value is over R400,000, the fee is R600 plus R200 for every R100,000 over R400,000, up to a maximum of R7,000 |
| Executor's Fees | 3.5% of the total gross estate value | Calculated on the gross value of all assets. |
The Following Costs Are Dependent on the Assets and Respective Liabilities
| Description | Explanation |
|---|---|
| Tax & SARS Compliance Fees | Accountant’s fees to finalise tax returns and ensure compliance. |
| Property Transfer Costs (if applicable) | Conveyancing attorney fees for property transfer (usually paid by buyer). |
| Rates & Tax Clearance (if applicable) | 3 months of municipal charges paid upfront for transfer clearance. |
| Bond Of Security | If the executor is not exempted by the Will or Law (e.g., they are not the deceased parent, spouse, or child), they must generally lodge security for the proper administration of the estate. The premium for this bond (around 0.5% of the gross value) is an estate cost. |
| Miscellaneous costs/disbursements the Executor has to incur to attend to his/her lawful duties. | Miscellaneous costs/disbursements the Executor has to incur to attend to his/her lawful duties. |
Trusts
Morrow & Morrow Inc. provides comprehensive guidance and services in the creation and administration of Trusts, tailored to each client’s unique needs and objectives. We specialise in establishing, managing, and administering a wide range of trusts, including Testamentary Trusts and Inter Vivos Trusts (commonly referred to as Family Trusts).
Our process begins with a clear understanding of each client’s financial circumstances, family dynamics, and long-term goals. Based on this, we recommend the most suitable trust structures and guide clients through every step of the formation process. This includes ensuring all legal requirements are met, drafting precise documentation, defining the roles of trustees and beneficiaries, setting out asset distributions, and incorporating provisions for asset protection and tax efficiency.
In addition, Morrow & Morrow provides ongoing trust administration services such as asset management, accounting, tax reporting, and compliance—ensuring that trusts remain effective, compliant, and aligned with clients’ intentions.
Our mission is to equip clients with the structures and strategies needed to protect assets, preserve wealth, and create a lasting legacy through effective trust planning and administration.
A Testamentary Trust is a type of trust that is set up in a person’s Will and only comes into effect after that person dies.
It’s often used when the Testator wants to control how a beneficiary’s inheritance is managed — for example, to make sure the money is handled properly for a certain time or purpose after their death.
This kind of trust is especially helpful if the beneficiaries are minors (under 18) or unable to manage their own affairs when the Testator dies. Instead of the inheritance being paid into the Guardian’s Fund (as required by law under Section 43(2) of the Estates Act), the Testator can create a Will Trust.
Once the Trustees are appointed, they manage the money or property on behalf of the beneficiaries until they reach adulthood (18 years old) or any later age the Will specifies (for example, 25 years old).
During that time, the Trustees can use the trust funds to support the beneficiaries — paying for their care, education, or general needs — especially if they are still too young, disabled, or otherwise unable to handle the money themselves.
How It Works
- You (the founder) set up the trust while you are alive and decide the rules.
- The trustees manage the assets according to the trust deed (the legal document that sets out what the trust stipulates).
- The beneficiaries are the people who benefit from the trust — for example, your children or other family members.
- A trust must be registered with the Master of the High Court.
- You need a trust deed drafted by a professional.
- Trustees must always act honestly and in the best interests of the beneficiaries.
- It’s important to get proper legal and tax advice, since trusts have specific tax rules in South Africa.
When would I need an Inter Vivos Trust?
- If you want to protect assets for your family.
- If you have children or dependents and want to make sure your assets are safe and used for their benefit (e.g. for education or living expenses), a trust can help.
- If you want to plan your estate
- A trust can make transferring wealth easier and reduce estate taxes and costs when you pass away.
- If you want to protect assets from risk.
- If you’re a business owner or in a risky profession, transferring assets to a trust can protect them from creditors or lawsuits.
- If you have minor or vulnerable beneficiaries.
- If your beneficiaries are too young or not able to manage money responsibly, the trustees can manage the assets on their behalf until they’re ready.
- If you want to provide long-term financial support.
- A trust can ensure that funds are managed properly over many years — (e.g. for a disabled family member or future generations.)