Who We Are
Inheritance Legacy Holdings located at the heart Rosebank, is a fully licensed and authorized Fiduciary Practitioner firm specializing in Estate and Trust administration.
With a sterling reputation at the Master of the High Court, Inheritance Legacy Holdings provide efficient, professional, and transparent estate administration services, ensuring compliance with legal requirements and safeguarding beneficiaries and interests.
Our expertise covers the entire estate administration process from obtaining the letter of executorship until the executor is discharged, trust management and estate planning, thereby delivering seamless processes with integrity and accountability.
Trusted by clients for our meticulous attention to detail and ethical standards, we simplify complex estate matters while maximizing value for heirs and stakeholders.
ESTATE ADMINISTRATION
Estate administration is the legal process of managing and distributing a deceased person’s assets, liabilities, and personal affairs in accordance with South African law, primarily the Administration of Estates Act (No. 66 of 1965) and the Intestate Succession Act (No. 81 of 1987).
Key Aspects of Estate Administration in South Africa
When Is Estate Administration Required?
- When a person passes away, leaving assets (property, investments, bank accounts, etc.) or debts.
- Whether there is a valid will (testate) accepted by the Master of the High Court or no will (intestate), the estate must be reported to the Master of the High Court within 14 days of death.
The Role of the Master of the High Court
- Oversees the estate process to ensure compliance with the law.
- Appoints an executor (if the gross value of the estate is more than R250 000,00) or a master’s representative (if the gross value of the estate is less than R250 000,00).
Steps in Estate Administration
- Reporting the Estate – The death must be reported to the Master’s Office, along with the will (if any).
- Appointment of Executor – The Master issues the Letters of Executorship, authorizing the executor to manage the estate.
- Liquidation & Distribution Process
Inventory of Assets & Liabilities – All property, bank accounts, debts, and taxes are assessed. - Payment of Debts & Taxes – Creditors are paid, and estate duty (if applicable) is settled with SARS.
- Final Distribution – Remaining assets are distributed to heirs as per the will or intestate succession laws.
Filing the Final Account– The executor submits a Liquidation and DistributionAccount to the Master for approval. - Closing the Estate – Once approved, assets are transferred, and the estate is finalized.
Intestate vs. Testate Estates
- Testate (With a Will) – Distribution follows the deceased’s wishes recorded in a valid will accepted by the Master of the High Court.
- Intestate (No Will) – The Intestate Succession Act dictates distribution, usually to spouses, children, or closest relatives.
Challenges in Estate Administration
- Delays – Can take 6 to 24 months due to court processes, SARS clearance, or disputes.
- Tax Liabilities – Estate duty (up to 25%), capital gains tax, and executor fees apply.
Why Professional Estate Administration Matters
A licensed Fiduciary Practitioner, Inheritance Legacy Holdings ensures:
- Legal compliance with the Master’s Office & SARS.
- Efficient processing to avoid delays.
- Fair asset distribution, reducing family conflicts.
- Tax optimization to minimize liabilities.
TRUST ADMINISTRATION
Trust administration in South Africa involves the management and distribution of assets held in a trust by a trustee, in accordance with the Trust Property Control Act (1988), the Income Tax Act, and common law principles. Trustees have a fiduciary duty to act in the best interests of beneficiaries while complying with strict legal and tax requirements.
Key Aspects of Trust Administration in South Africa
Legal Framework Governing Trusts
- South African trusts operate under:
Trust Property Control Act (No. 57 of 1988) – Regulates trustee appointments, duties, and reporting. - Income Tax Act (No. 58 of 1962) – Governs tax treatment of trusts (including 20% to 45% tax rates for different trust types).
- Financial Intelligence Centre Act (FICA) – Requires trustees to verify beneficiaries and report suspicious transactions.
- Common Law Principles – Trustees must act with care, diligence, and good faith (fiduciary duty).
Types of Trusts in South Africa
- Inter Vivos Trust (Living Trust) created during the founder’s lifetime. Can be revocable or irrevocable. Asset protection, estate planning, tax efficiency.
- Testamentary Trust established via a will; takes effect after death. Providing for minors/spouses with controlled distributions.
- Bewind Trust founder retains control; trustees manage assets. Business succession, protecting assets from creditors.
- Special Trust (Type A &B) for disabled beneficiaries (Type A) or minors inheriting before 18 (Type B). Protecting vulnerable beneficiaries while preserving state benefits.
Why Choose Our Trust Administration Services?
- Expert Fiduciary Oversight: Our seasoned professionals act as impartial trustees or co-trustees, administering trusts with the highest level of integrity, legal compliance, and tax efficiency.
- Tailored Solutions: Whether managing revocable, irrevocable, charitable, or special needs trusts, we customize our approach to align with the grantor’s wishes and beneficiaries’ best interests.
- End-to-End Administration: From asset valuation and distribution to tax filings and beneficiary communications, we handle every detail with meticulous care.
- Conflict Resolution & Mediation: We serve as neutral arbiters in family disputes, ensuring fair and harmonious trust execution.
- Cutting-Edge Technology: Secure digital portals provide real-time transparency, allowing beneficiaries to monitor trust performance effortlessly.
- Avoid Legal Pitfalls: Compliance with SARS and the Master’s Office is complex.
- Tax Optimization: Proper structuring can reduce tax exposure.
- Asset Protection: Prevents mismanagement or creditor claims.
How Inheritance Legacy Holdings Can Help
- Master’s Office Liaison – We handle Letters of Authority and filings.
- Tax & Financial Management – Ensuring SARS compliance and optimal tax treatment.
- Dispute Mediation – Resolving conflicts between trustees & beneficiaries.
- Ongoing Trust Management – From setup to termination.