Estate Planning

The estate planning process involves the structuring of assets in the most tax effective way in order to ensure protection and preservation of assets from one generation to the next. It includes the drafting or reviewing of your will.

Factors that should be taken into account include:

  • Ensuring that the structuring of assets in the estate and the will are synchronised to make the execution of your wishes feasible.
  • Providing for minor children.
  • Providing for children or other family members with special needs.
  • Providing for sufficient liquidity in the estate after death. More than 30% of deceased estates in South Africa do not have sufficient cash available for all debts, costs, cash bequests, taxes, etc.
  • Taxes payable during life and at death, including income tax, capital gains tax, and estate duty.
  • The nomination of an executor and ensuring that such executor is granted the powers necessary to fulfil the role properly.
  • Business succession planning.

Estate Planning Lawyer

An estate planning lawyer otherwise known in South Africa as an estate attorney - is someone who through years of mentoring and continuous legal education and experience - understands how to assist clients by helping them get their affairs in order, in preparation for possible mental disability and eventual death.

What does an estate attorney do?

Contrary to popular belief, estate planning does not begin and end with a last will and testament. An estate attorney will draft living trusts, develop a plan to mitigate or avoid estate taxes, and ensure that the deceased's life savings and assets are safe from creditors.

The estate planning attorney can prepare power of attorney and health care directives, therefore arranging for someone to take care of your affairs in the event that you pass away or become mentally incapacitated.

Additionally, an estate attorney helps you avoid guardianship or conservatorship issues if you need someone else to take care of your affairs.

What are the qualities of an estate lawyer?

While a general practitioner may not have the experience or knowledge to assist you with your unique financial situations, an estate planning attorney devotes his or her practice to this area of the law.

When looking for an estate planning attorney, you need to keep in mind that the attorney you choose has to be someone that you feel comfortable with, because you will be required to share intimate details of your life with them, so that your estate plan does not fall short of your expectations and needs.

Also, your estate planning attorney should be well versed in the law, otherwise your estate plan might be deemed as invalid by the court.

What should you expect to pay for an estate plan?

When looking for an estate planning attorney, keep in mind that you will be expected to pay a somewhat higher legal fee to have your estate plan created, maintained and updated, because you will be paying for the attorney's expertise accumulated over years of working with a variety of different clients and taking a multitude of continuous legal classes.

With estate planning, you get what you pay for. Attorneys with limited experience in estate planning - as well as non-attorneys - may be willing to sell you living trusts at low prices. However, when an attorney's fee seems too good to be true, it probably is.

Your estate might lose more money in the long run, due to estate taxes, or a contentious probate process dragging out after your death. These issues can lead to additional legal fees that could be avoided with a qualified and experienced estate planning attorney.

How much is it worth to know that when you die, things are going to go exactly as you intended if you have the help of an experienced estate planning attorney? 

Van Deventer & Van Deventer Incorporated - Estate Planning Attorney

For an experienced and respected estate planning attorney, contact Van Deventer and Van Deventer Incorporated today, you and your loved ones will be glad that you did.

 

 

Intestate Succession – What Happens if You Don’t Leave a Will?

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If you die without leaving a will in South Africa, the rules of intestate succession will apply as stipulated in the Intestate Succession Act 81 of 1987.

Any person above the age of 16 is entitled to make a will which determines how his or her estate should be distributed upon death.

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Legal Implications of Selling after you Transfer Property to a Minor Child

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If you are looking to transfer property to a minor child, it’s important to be informed about the challenges you might face should you want to sell the property after it has been transferred.

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