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Figuring out the complexities of a deceased estate can be overwhelming. Whether you're dealing with property transfers, tax implications, or just need guidance through the legal maze, having the right attorney by your side is crucial. Use our tool below to find the most suitable deceased estate lawyer in your area of Cape Town. These Cape Town attorneys specialise in estate admin, fill the role of executor, will drafting and estate tax advice.

Select a suburb near you using the dropdown menu to find the top attorney for deceased estates near you. Carry out your own due diligence; being listed here does not constitute an endorsement.

Top Deceased Estate Lawyer in Cape Town

Deceased estate lawyers are often simply referred to as "estate lawyers"(overseas they are called probate attorneys). Deceased estate law deals with the administration and distribution of a person’s estate after their passing; it involves filing documents, attending hearings, and dealing with local magistrates. A lawyer based in Cape Town has direct knowledge of how these courts operate and who the local professionals are (e.g. to value property), which can expedite the process.

Consultation

It is critical that you check that your lawyer is certified with the Legal Practice Council.Being listed on this page does not constitute an endorsement - be sure to carry out a thorough due diligence before you hire an attorney. The order in which the lawyers appear below is not an indication of their relative ability.

1. Clare Faria
   • Phone: 021-424-4300
   • Email clare@cloetebaker.co.za
   • Deceased Estates (including commissioner of oath functions, assistance with form J192 next-of-kin, nomination form to act as executors, form J190 acceptances of trust as executor, Wills, Conveyancing
   • Cape Town City Centre
   • Address: 2nd Floor, Constitution House, 124 Adderley St, Cape Town City Centre
   • Online appointments (where possible) via MS Teams and Zoom.


2. Glenn Rooseboom
   • Glenn Rooseboom Attorneys
     • 22 Thornhill Road, Rondebosch
     • Phone +27-21-0038076
     • Services:
       • Drafting of commercial and residential property purchase and lease agreements
       • Property transfer registrations
       • Registration of companies and trusts
       • Estate planning
       • Deceased estate administration
       • Drafting of marriage contracts
3. Michelle Dommisse
   • Michelle Dommisse & Associates
     • 21 Duke Rd, Rondebosch
     • Phone +27-21-6715454
     • Drafting of Wills & Winding Up of Estates
       • Executorships
       • Property transfers from the estate
       • Estate administration
       • Preparation and Submission of the Liquidation and Distribution Account
     • Conveyancing
     • Drafting of Antenuptial Contracts
4. Geoff Steere
   • Phone: 021-419-7115
   • Address: 20th Floor, 2 Long St, Cape Town City Centre
   • Deceased Estates, Wills, Conveyancing
5. Duncan Van den Heever
   • Phone: 021-705-6731
   • Address: 261 Fourth Av, Grassy Park
   • Deceased Estates, Wills, Estates
6. Narriman Higgins
   • Phone: 062-678-4931
   • Address: 21 Dreyer St, Claremont
   • Deceased estate administration, estate planning, commercial law, family law

Our aim is to help you find an estate attorney near you; if there is an area of Cape Town you would like us to cover, please let us know.

Online appointment

If you prefer an online appointment, that is easily organised, when you email lawyer@capetownlawyer.co.za specify that you would like an online consultation - it will be our pleasure to make it happen for you.

Initial consultation

Email lawyer@capetownlawyer.co.za for an initital consultation on a deceased estate.

You want a local attorney who knows the property valuers, accountants, and tax advisors who are in the area. If there is property in the estate, then make sure the lawyer is licensed to do property transfers (conveyancing). Cape Town is culturally diverse; a local deceased estate lawyer who understands the diverse cultural and familial dynamics can help navigate sensitive issues. Some aspects of dealing with a deceased estate require personal interaction, especially when it comes to discussing sensitive issues with family members or executing a will. Being able to meet face-to-face can make these discussions more effective and build trust between you and your lawyer. Legal documents related to deceased estates, like wills, affidavits, or executor appointments, often need to be physically signed. Having a lawyer nearby makes it easier to handle these tasks without the need for time-consuming couriers.

7 Deceased estate Advocates

The following advocates are members of the Cape Bar and have expertise with deceased estates::

• Cei Fehr
  • Phone 079 512 6072
• Ellen Fitz-Patrick
  • Phone 021 423 7334
• Jacki McCarthy
  • Phone 071 895 9804
• Liz Carey-Wessels
  • Phone 076 376 0985
• Michael Edmunds
  • Phone 021 424 0210
• Monique Lee Davis
  • Phone 021 424 9149
• Thabiet Booley
  • Phone 021 424 8610

Deceased estate lawyers for overseas assets

Most deceased estate lawyers are capable of managing an estate with international investments/assets; but be sure to check with them whether they have this expertise before hiring.

Frequently asked questions about deceased estates

What happens when someone passes without a will?

South Africa's Intestate Succession Act determines who inherits the estate of somebody who dies without a will.

How long does the deceased estate process take in Cape Town?

In Cape Town it can take up to 3 months or more for a letter of executorship to be approved, after which the real work to wind up the estate begins.

What are the legal fees involved in managing a deceased estate in Cape Town?

Managing a deceased estate in Cape Town, as in the rest of South Africa, involves a number of legal and administrative fees. The costs can vary depending on the complexity of the estate, the value of the assets, and whether there are any disputes or complications.

• South African law allows an executor’s fee of up to 3.5% of the gross value of the estate.
• The application for the appointment of an executor, as well as the filing of the will, needs to be done at the Master of the High Court. The Master will charge administrative fees for the estate, which typically depend on the value of the estate. These fees are generally quite small, but they can add up depending on the complexity.
• If you hire an attorney to assist with the administration of the estate, legal fees may be charged based on hourly rates or a percentage of the estate’s value. The fees are negotiable but will often be between 0.5% to 1.5% of the estate’s value in addition to the executor’s fee. The legal services might include drafting the necessary documents, obtaining valuations, and advising on any legal issues.
• Assets such as property, artwork, or other valuable items will need to be valued, and this typically incurs costs. Conveyancing fees and other deceased estate property transfer costs may apply for the property.
• If the estate exceeds R3.5 million, estate duty is payable at a rate of 20% on the value above this threshold. This must be calculated and paid by the executor.
• If disputes arise or if the estate has to go through the courts for approval, there may be additional costs.
• Advertising fees may be incurred if the executor is required to place an advertisement in the Government Gazette and a local newspaper to inform creditors of the death.
• There might be costs related to transferring or closing bank accounts.

Who is an estate specialist?

The phrase "estate specialist" is usually a shortening for "deceased estate specialist", although it could potentially refer to a real estate specialist or a living estate specialist for the purposes of estate planning. Deceased estate specialists would include the lawyers liste on this page as well as deceased estate administrators, who are not necessarily lawyers themselves, but companies and individuals who specialise in assisting with the administration and executorship of estates.

Deceased Estate Information

If a relative has died, perhaps without a will, and you are unsure of what to do:

• Report deceased estate to the Master online
• Steps to take when your parent dies without a will.
  • Applying for a death certificate
  • J192 form - next-of-kin
  • Nomination to act as executor
• Lawyers in Cape Town specialising in deceased estates.
• Administrators in Cape Town for deceased estates.
• Letter of executorship requirements in South Africa.
  • J192 form - next-of-kin (if no will)
  • Nomination to act as executor (if no will)
  • J190 form assistance
• Administration of deceased estates in South Africa.
• Property transfer cost in a deceased estate.
• Inheritance and child maintenance obligations.
• Intestate Succession Act
• Tracking deceased estates
• Death of a spouse before divorce is finalised

Wills

• How to write a will.
• Example of a last will and testament.
• Get your will drafted for free (by a lawyer).
• List of lawyers that draft wills in Cape Town.
• Consider updating your will when these events occur:
  • when divorcing; to avoid your ex-spouse possibly inheriting everything.
  • death of somebody mentioned in your will,
  • the birth of a child you may want to include in your will,
  • marriages

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Deceased Estate discussion forum

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