Estate Planning

Our Estate Planning Team has extensive decades of experience in estate planning and assisting clients with multi-generational estate structuring. Our Estate Planning Team works closely with our Fiduciary Services Team to provide not only a comprehensively structured and maintained estate plan, but also ensure the correct implementation and administration thereof upon death of a testator. The multi-generational nature of our approach provides clients comfort in knowing that the provision they make for their families will continue after their death in accordance with their wishes.

Our Estate Planning Team provides both local estate planning and integrated international estate planning for the client that wishes to include international estates in their familial planning. Ultimately, a bespoke plan that is holistic and efficient is developed for each client and can include both local and offshore estates. 

Our Estate Planning Team provides estate planning services through our specialist consulting division Phatshoane Henney Consult. The team also works closely with the wealth managers of clients to ensure that the estate planning is also integrated into the broader wealth plan of the client.

Our team is accessible and committed towards building a long-term relationship of trust with each client, ensuring continuous review, support and implementation of estate planning strategies and objectives.

Featured Estate Planning Services

Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafti...

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International Estate Planning

For the client requiring estate planning that includes international estate assets, advice and planning in respect of personal and familial estates that integrates international estate plann...

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Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, regist...

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Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafting of documentation and agreements, and other related estate planning aspects. Estate planning can include on-shore and off-shore planning and integration and management of such estates.

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International Estate Planning

For the client requiring estate planning that includes international estate assets, advice and planning in respect of personal and familial estates that integrates international estate planning into a holistic and efficient estate plan that includes both local and offshore estates. Our team also provides all the necessary support to structure, implement and execute the estate planning strategy and objectives and work closely with professional and corporate trustees of local and offshore estates in the execution of the holistic estate plan. Our advisory team is accessible and focused on building a long-term relationship of trust with clients to ensure continuous assessment of the estate plan and incorporate advice and strategy in jurisdictions relevant to the client and his/her family. Additionally, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafting of documentation and agreements, and other related estate planning aspects also form part of our international estate planning services.

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Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, registration of trusts and safe storage of wills.

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Administration of Estates

Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate. Our Administration of deceased estates includes South African estates and international deceased estates.

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Administration of Estates

Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate. Our Administration of deceased estates includes South African estates and international deceased estates.

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Administration of Estates

Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate. Our Administration of deceased estates includes South African estates and international deceased estates.

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Our Estate Planning Team

Our Estate Planning Team

Candice Reynders

Director

Candice is a Director in the Commercial Practice Group, specialising in corporate restructuring and taxation, and general commercial transactions. Her passion is to understand a client’s business and create a tailormade solution for their corporate structure, ensuring that the business runs optimally.

Bloemfontein
candice@phinc.co.za
051 400 4108
051 400 4161
073 141 9155
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Damian Viviers

Director

Damian is a Director in the Commercial Practice Group. He heads up the firm’s presence in the Western Cape and is dedicated to providing quality commercial, corporate and compliance related legal services for clients, across South Africa and abroad. His keen commercial mind and relentless pursuit for excellence form the cornerstones of his client service.

Bloemfontein
damian@phinc.co.za
051 400 4196
051 400 4161
083 610 1172
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Danie le Roux

Director

Danie is a Director in the Commercial Practice Group of Phatshoane Henney Attorneys. He specialises in providing a broad range of corporate and commercial services to private and institutional clients, including foreign and domestic corporate structuring and taxation, commercial contracting and Black Economic Empowerment. He is also intimately involved with new project development by the firm.

Bloemfontein
danie@phinc.co.za
051 400 4169
051 400 4161
082 376 0658
Show more
 

Francois Fouché

Director

Francois is a director at Phatshoane Henney Consult who specialises in the estate planning of affluent individuals and families with specific focus on the international aspects pertaining to such planning. He  has valuable  experience in the formation and management of international corporate structures, offers expertise in offshore structuring and international estate planning, and advises clients on the tax and related considerations pertaining to cross border transactions.

Sandton
francois@phconsult.co.za
083 554 3385
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Johnny Davis

Senior Associate

Johnny is a Senior Associate in the Commercial Practice Group at the firm's Sandton branch, where he focuses on providing corporate, commercial, business, taxation and estate planning related services to clients. He is also experienced in legal matters pertaining to trusts, wills and the administration of estates.

Sandton
johnny@phinc.co.za
011 217 4810
071 605 5076
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Steyn Strauss

Consultant

Steyn is a Consultant in the Commercial Practice Group, specialising in all aspects of corporate, commercial and tax law. He enjoys assisting clients in resolving difficult tax issues, tax planning and corporate structuring and has a passion for project driven mergers and acquisitions.

Sandton
steyn@phinc.co.za
011 217 4810
086 619 3454
082 463 8061
Show more
 

Nanette Janse van Rensburg

Practice Manager

Nanette is the Practice Manager of the Commercial Practice Group. She specialises in commercial law and estate planning, with a passion for the drafting of wills and setting up trusts in order to ensure that her clients’ personal matters are in order and their assets protected.

Bloemfontein
nanette@phinc.co.za
051 400 4181
051 400 4161
082 551 1234
Show more
 

Candice Reynders

Director

Candice is a Director in the Commercial Practice Group, specialising in corporate restructuring and taxation, and general commercial transactions. Her passion is to understand a client’s business and create a tailormade solution for their corporate structure, ensuring that the business runs optimally.

Bloemfontein
candice@phinc.co.za
051 400 4108
051 400 4161
073 141 9155
Show more

Damian Viviers

Director

Damian is a Director in the Commercial Practice Group. He heads up the firm’s presence in the Western Cape and is dedicated to providing quality commercial, corporate and compliance related legal services for clients, across South Africa and abroad. His keen commercial mind and relentless pursuit for excellence form the cornerstones of his client service.

Bloemfontein
damian@phinc.co.za
051 400 4196
051 400 4161
083 610 1172
Show more

Danie le Roux

Director

Danie is a Director in the Commercial Practice Group of Phatshoane Henney Attorneys. He specialises in providing a broad range of corporate and commercial services to private and institutional clients, including foreign and domestic corporate structuring and taxation, commercial contracting and Black Economic Empowerment. He is also intimately involved with new project development by the firm.

Bloemfontein
danie@phinc.co.za
051 400 4169
051 400 4161
082 376 0658
Show more

Francois Fouché

Director

Francois is a director at Phatshoane Henney Consult who specialises in the estate planning of affluent individuals and families with specific focus on the international aspects pertaining to such planning. He  has valuable  experience in the formation and management of international corporate structures, offers expertise in offshore structuring and international estate planning, and advises clients on the tax and related considerations pertaining to cross border transactions.

Sandton
francois@phconsult.co.za
083 554 3385
Show more

Johnny Davis

Senior Associate

Johnny is a Senior Associate in the Commercial Practice Group at the firm's Sandton branch, where he focuses on providing corporate, commercial, business, taxation and estate planning related services to clients. He is also experienced in legal matters pertaining to trusts, wills and the administration of estates.

Sandton
johnny@phinc.co.za
011 217 4810
071 605 5076
Show more

Steyn Strauss

Consultant

Steyn is a Consultant in the Commercial Practice Group, specialising in all aspects of corporate, commercial and tax law. He enjoys assisting clients in resolving difficult tax issues, tax planning and corporate structuring and has a passion for project driven mergers and acquisitions.

Sandton
steyn@phinc.co.za
011 217 4810
086 619 3454
082 463 8061
Show more

Nanette Janse van Rensburg

Practice Manager

Nanette is the Practice Manager of the Commercial Practice Group. She specialises in commercial law and estate planning, with a passion for the drafting of wills and setting up trusts in order to ensure that her clients’ personal matters are in order and their assets protected.

Bloemfontein
nanette@phinc.co.za
051 400 4181
051 400 4161
082 551 1234
Show more

Let us make your estate planning a reality

Read more about our specialist fiduciary services

Insights

How should co-executors of a deceased estate act?

14 December 2021

My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?

Show more
READ MORE
175
Article

Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

Show more
READ MORE
179
Article

Can adopted children benefit from a family trust?

14 June 2021,  Elani van Coller

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

Show more
READ MORE
172
Article

Can an email qualify as a last will?

14 June 2021,  Millisanté de Wee

My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?

Show more
READ MORE
168
Article

Can a testator rule from the grave?

16 March 2021,  Johnny Davis

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

Show more
READ MORE
176
Article

Good news for offshore structures

16 March 2021,  Candice Reynders

I noted an article the other day that referred to tax restrictions for loop structures. What is a loop structure and how have restrictions been reduced?

Show more
READ MORE
181
Article

Who can inherit from a child’s estate?

10 February 2021,  Natalie Steenkamp

I have a friend who has been looking after her grandson since birth when her daughter just walked out on the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have much time left with the biological mother suddenly making an appearance to try and claim the remainder of the settlement money. Surely my friend is e...

Show more
READ MORE
187
Article

Can I keep my grandfather’s rifle?

12 October 2020,  Millisanté de Wee

My grandfather recently passed away and left me his hunting rifle. I’m not sure if I want to keep it, but would like to weigh my options. How does it work? Must I take the rifle?

Show more
READ MORE
185
Article

Are shares excluded from my estate’s accrual?

16 October 2019,  Brady Mac Pherson

I’m married out of community with the accrual system. I specifically excluded my share portfolio from my accrual in the antenuptial contract when we got married. Recently when reviewing my estate planning the question came up whether new shares that I acquired after we got married was also excluded for purposes of an accrual calculation. What is the position here?

Show more
READ MORE
133
Article

Do trusts still have a role to play in estate planning?

16 October 2019,  Nanette Janse van Rensburg

My wife is pregnant with our first child and I am considering whether to set up a family trust for estate planning purposes. Lately however I have read negative commentary about using trusts, particularly anti-avoidance tax legislation aimed at trusts. I don’t want to start a family trust if it’s not going to be beneficial. What advice do you have in this regard?

Show more
READ MORE
140
Article

Who inherits the estate - the new wife or the ex?

16 October 2019,  Johnny Davis

My husband has just passed away. We were married in community of property. It has however now transpired that his will still determines that his ex-wife is the sole heir of his estate. Where does this leave me, and does she have a right to his whole estate?

Show more
READ MORE
148
Article

How should co-executors of a deceased estate act?

14 December 2021

My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?

Show more
READ MORE
175
Article

Is a copy of a will valid?

12 October 2021

Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?

Show more
READ MORE
179
Article

Can adopted children benefit from a family trust?

14 June 2021,  Elani van Coller

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

Show more
READ MORE
172
Article

Can an email qualify as a last will?

14 June 2021,  Millisanté de Wee

My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?

Show more
READ MORE
168
Article

Can a testator rule from the grave?

16 March 2021,  Johnny Davis

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

Show more
READ MORE
176
Article

Good news for offshore structures

16 March 2021,  Candice Reynders

I noted an article the other day that referred to tax restrictions for loop structures. What is a loop structure and how have restrictions been reduced?

Show more
READ MORE
181
Article

Who can inherit from a child’s estate?

10 February 2021,  Natalie Steenkamp

I have a friend who has been looking after her grandson since birth when her daughter just walked out on the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have much time left with the biological mother suddenly making an appearance to try and claim the remainder of the settlement money. Surely my friend is e...

Show more
READ MORE
187
Article

Can I keep my grandfather’s rifle?

12 October 2020,  Millisanté de Wee

My grandfather recently passed away and left me his hunting rifle. I’m not sure if I want to keep it, but would like to weigh my options. How does it work? Must I take the rifle?

Show more
READ MORE
185
Article

Are shares excluded from my estate’s accrual?

16 October 2019,  Brady Mac Pherson

I’m married out of community with the accrual system. I specifically excluded my share portfolio from my accrual in the antenuptial contract when we got married. Recently when reviewing my estate planning the question came up whether new shares that I acquired after we got married was also excluded for purposes of an accrual calculation. What is the position here?

Show more
READ MORE
133
Article

Do trusts still have a role to play in estate planning?

16 October 2019,  Nanette Janse van Rensburg

My wife is pregnant with our first child and I am considering whether to set up a family trust for estate planning purposes. Lately however I have read negative commentary about using trusts, particularly anti-avoidance tax legislation aimed at trusts. I don’t want to start a family trust if it’s not going to be beneficial. What advice do you have in this regard?

Show more
READ MORE
140
Article

Who inherits the estate - the new wife or the ex?

16 October 2019,  Johnny Davis

My husband has just passed away. We were married in community of property. It has however now transpired that his will still determines that his ex-wife is the sole heir of his estate. Where does this leave me, and does she have a right to his whole estate?

Show more
READ MORE
148
Article