WILLS, TRUSTS & DECEASED ESTATES

ALIWAL ROAD TRUST COMPANY (PTY) LTD

This company provides services related to estate planning and the administration of deceased estates. In our experience the fact that many people neglect to plan their estates frequently leads to unpleasant consequences such as:

  • A breadwinner’s early death leaving dependants destitute;
  • The absence of a will resulting in an estate not devolving in a way the deceased would probably have wished;
  • Heirs receiving a reduced inheritance as a result of estate duty savings measures not being implemented.

We recommend that everyone who owns assets, particularly if married with children, has a will. The larger one’s estate, the more essential it is that estate planning is carried out.

OUR SERVICES

Whether appointed as executor in a will or acting as agent of the appointed executor, we are able to administer a deceased estate efficiently and with sensitivity. We pride ourselves on our ability to ensure the process does not drag on longer than necessary and we try to make the process as painless as possible for the deceased’s next of kin.
Estate planning is a process through which various needs of a person (judicial, financial, social and psychological) with regard to his estate and in relation to himself and his family during his lifetime and in contemplation of death are determined and planned. The “tools” used include:

  • The will
  • Trusts
  • Life Assurance
  • Donations
  • Limited interests e.g. usufructs

We offer a very individual, personal service because each person’s situation is unique.

The will is the most important “tool” used in estate planning. We believe it is essential for everyone who owns assets to have a will which provides how those assets will devolve on death and provides for the appointment of an executor. Where the testator has minor children, the nomination of a guardian is recommended. Specific bequests to family, domestic employees or friends can also be made in your will. We ensure that the legal formalities applicable to a will, of which there are many, are complied with and retain original wills in a fire-proof safe. We recommend that your will is reviewed at least every five years or more frequently if your personal circumstances change (eg. divorce).
As mentioned earlier, trusts are one of the “tools” of estate planning. The use of trusts, both inter vivos and testamentary, is often necessary for the protection of minor beneficiaries, the protection of assets against creditors and for minimizing estate duty. We are able to advise you whether a trust is appropriate for your circumstances and, if so, we will attend to all formalities in registering the trust with the Master of the High Court or in incorporating a suitable clause in your will.