Cluver Markotter

Our Expertise



    Trusts & Estates Services

    Your Legacy. Our Expertise.

    We have a well-established estate and trust department, offering expertise in the establishment of trusts, general trust administration, personal estate planning and wills, as well as estate administration.

    Our services include:

    • Estate planning and advice on applicable tax issues, e.g. estate duty, donations tax and capital gains tax
    • Drafting of wills
    • Administering deceased estates
    • Administering trusts and curatorships
    • Trust law – Advice on trusts, drafting of bespoke trust deeds, reviews of trust deeds to ensure statutory compliance and alignment with the latest legal developments, amendments of trust deeds and general trust administration.




    When it comes to safeguarding your legacy, the expertise of a specialised succession attorney or estate planning attorney becomes invaluable. At Cluver Markotter, our specialists are not just attorneys ─ they’re guardians of legacies, who guide you through the intricate maze of trusts and estates. With a keen understanding of legal nuances and a dedication to personalised client care, our team ensures your wishes take centre stage.

    Sisteen Geyser

    Alicia Cupido-Woodman


    All persons of 16 years and older who own assets and are competent to understand his/her actions. A valid Will enables the testator/testatrix to choose who inherits from their Estate and apply their freedom of testation. Should you die without having a valid Will your estate will be dissolved in terms of the Intestate Succession Act, 81 of 1987.
    The Will must be in writing, the signature of the testator/testatrix must appear on every page of the Will as well as at the end of the Will, and two competent witnesses must attest at the end of each page of the Will in the presence of the testator/testatrix and of each other.
    A beneficiary, nominated Executor, nominated Trustee and/or their spouses and persons under the age of 14 years.
    An Executor needs to collect your assets and make sure your debts are paid. You can appoint anyone to act as Executor but keep in mind that executing an Estate is a specialised field and being an Executor is a huge position of trust. The maximum prescribed remuneration for an Executor is 3.5% of the Gross value of the Estate. However, this can be negotiated with the Executor.
    It is important to note that an Executor cannot act unless he/she has been duly appointed by the Master of the High Court. To obtain Letters of Authority/Letters of Executorship from the Master of the High Court, there are certain application forms and other supporting documents which need to be sent to the Master. The appointment of an Executor is only effective from the date of the Letters of Executorship.
    A codicil is a schedule or annexure to an existing Will, which is made to supplement or amend an existing Will. A codicil must comply with the same requirements for a valid Will. A codicil needs to be signed in the same way as the Will.
    If you have worldwide assets you would have a properly drawn up Will which applies to your assets falling under a specific jurisdiction. You also need to ensure that the Will complies with the legalities of the specific country and takes into account any specific rules applicable to inheritance in that country.
    A Testamentary Trust is contained in your Will. You would need a testamentary trust where there are minor beneficiaries under the Will whose inheritance should be administered on their behalf after the death of the Testator. Before the date of your death, no administration is needed, and should all the beneficiaries reach their majority, no Trust ever needs to come into effect. As the terms thereof cannot be amended, the Trust terms that you do include in your Will should be sufficient to properly enable the Trustees to invest, manage, and pay out the income of their inheritance to the minor beneficiaries.
    Your original Will should be kept in safe storage, as a copy of a Will is not deemed a valid Will. It is recommended to sign the Will in duplicate for separate safe-keeping. One original duplicate copy could be kept at home and the original should preferably be kept by the firm that will act as your Executor.
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