Free South Africa guide: the Master sets the timetable, not your family
Free guide for British expats in South Africa
There is no forced heirship in South Africa, but the Master of the High Court controls the pace.
An 18 page guide for British expats in South Africa and British families with South African assets. It covers freedom of testation and the maintenance claims that rank ahead of your beneficiaries, the Wills Act formalities that differ from English ones, estate duty and capital gains tax at death, and the 1978 UK and South Africa estates convention. It also walks through the Master's process, executor's fees and exchange control.
- 18 pages
- Updated August 2026
- No payment details
- Freedom of testation and maintenance claims
- Life partners after Bwanya, and intestacy
- Estate duty, capital gains tax and the Master process
- Executor's fees, and why they are charged on gross assets
Twenty minutes of reading that can take months off an estate.
What happens to your estate
With a valid will
Freedom of testation is the founding principle: no forced heirship and no reserved share for children. A South African will nominates a local executor with a South African address, which the Master requires of foreign applicants anyway, and it is the only place the executor's fee can be fixed under section 51(1). An English will is formally valid under section 3bis, but the English grant has to be obtained and authenticated before the South African estate can move.
Without a will
The Intestate Succession Act 81 of 1987 takes over, and it is harder on a surviving spouse than the English rules. Where a spouse and descendants survive, the spouse takes a child's share or R250,000, whichever is greater, so a man in Cape Town with a wife and two children leaves his wife one third. There is no executor either, so the family has to agree who applies, produce a next of kin affidavit and satisfy the Master on security.
Outside your will entirely
A surviving spouse's claim under the Maintenance of Surviving Spouses Act 27 of 1990 and a dependent child's common law maintenance claim both rank ahead of heirs and legatees. The matrimonial property regime comes first as well: married in community of property, the joint estate is divided and only the deceased's half devolves. Nothing then moves without the Master, and a beneficiary abroad waits on exchange control and a Master approved account.
With a valid will
Without a valid will
Assets outside the will
Key facts
- 14 days The estate must be reported to the Master of the High Court within 14 days of the death, by anyone having control or possession of the deceased's property or will. From that point section 13 of the Administration of Estates Act 66 of 1965 allows no one to liquidate or distribute the estate without letters of executorship or a Master's direction.
- 3.5% of gross assets Where the will does not fix the figure, the prescribed executor's tariff is 3.5% of the gross value of the estate assets plus 6% on income accrued and collected after the death. Gross means before the bond is deducted, so on a R12 million estate the fee is R420,000.
- 18 months to two years A clean South African estate rarely finishes inside nine to twelve months, and eighteen months to two years is the fair planning assumption for an estate with a British family attached. The accounts stay frozen throughout.
- 14 days to report the death to the Master. The estate must be reported to the Master of the High Court within 14 days by anyone holding the deceased's property or will. From then, nobody may liquidate or distribute the estate without letters of executorship.
- 3.5 per cent executor's fee on gross assets. Where the will does not fix the figure, the prescribed tariff is 3.5 per cent of gross assets plus 6 per cent of income collected after the death. Gross means before the bond, so a R12 million estate carries a R420,000 fee.
- 18 months to 2 years with the accounts frozen. A clean estate rarely finishes inside nine to twelve months, and eighteen months to two years is the fair assumption where a British family is involved. The accounts stay frozen throughout.
What is inside the guide
Wills and estate planning for British expats in South Africa Why the 1978 UK inheritance tax treaty changes your position, and how the Master of the High Court controls when your family sees any money. Free download · 2026 edition · 18 pages
Common questions
My partner and I never married. Does South African law recognise that?
It does. In Bwanya v Master of the High Court, Cape Town [2021] ZACC 51 the Constitutional Court held that excluding surviving permanent life partners from the Intestate Succession Act and the Maintenance of Surviving Spouses Act was unconstitutional, and the Judicial Matters Amendment Act 15 of 2023 amended both with effect from 3 April 2024. A surviving partner can therefore inherit on intestacy and bring a maintenance claim. What they have to prove is the partnership itself, that it was permanent and that reciprocal duties of support had been undertaken, which is the evidential question a will removes.
My partner and I never married. Does South African law recognise that?
It does. Since 3 April 2024 a surviving permanent life partner can inherit on intestacy and bring a maintenance claim, following the Constitutional Court in Bwanya and the Judicial Matters Amendment Act 15 of 2023. The practical effect is that your partner has to prove the partnership itself, that it was permanent and that reciprocal duties of support had been undertaken. A will removes that evidential question.
Is it really free?
Yes. No payment details, no trial, no catch. The guide shows you how we think before you decide whether to use us for anything.
Will you fill my inbox?
We send the guide, and nothing else unless you tick the box for the email series. Every email in it has an unsubscribe link that works first time.
Is this legal advice?
No. The guide is general information for British expats, written in plain English. Expat Legacy is a will writing service rather than a law firm.
About the author
Jamie Lee, founder of Expat Legacy, has drafted more than 2,000 wills for British expats. He has lived the expat life himself since 2004.
Twenty minutes of reading, or two years of frozen accounts
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