Ipfani Makhuvha Attorneys
Family, Personal, Commercial & Property Law

Wills & Estate Planning

Professional guidance on wills, trusts, and estate planning to ensure your assets are distributed according to your wishes and your family's future is provided for.

About Wills & Estate Planning

Estate planning is an act of care for those you love. Whether your estate is large or modest, proper planning ensures your assets are distributed according to your wishes, tax efficiency is optimised, and your family's financial security is protected. Our estate planning services help you document your intentions clearly, minimise disputes, and provide practical guidance for the future management of your affairs.

A will is the primary estate planning instrument. It must comply with the Wills Act to be valid, including proper witnessing and testamentary capacity requirements. Without a valid will, your estate is distributed according to the intestate succession rules, which may not reflect your wishes. We help you articulate your intentions in a legally binding document. We also advise on testamentary trusts (trusts created by will) for managing assets on behalf of beneficiaries, particularly for minor children or vulnerable beneficiaries.

Estate planning is not only about wills. We advise on living trusts, which can provide benefits during your lifetime and offer privacy, continuity, and potential tax advantages. We discuss guardianship nominations for minor children, ensuring your chosen guardians are documented. We advise on life insurance as a mechanism for providing liquidity to pay estate duties and provide for dependants. We also consider business succession planning, ensuring family or key person interests are addressed.

We understand that family circumstances change. We advise on when wills should be reviewed and updated—typically when there are major life changes such as marriage, divorce, children, or significant changes in assets. We help with amendments through codicils or updated wills as appropriate.

Our estate planning advice is practical and forward-thinking. We help you understand tax implications, optimise asset distribution to minimise burden on your beneficiaries, and put in place mechanisms for trusteeship and guardianship. We ensure your wishes are documented with clarity and legal certainty, providing peace of mind for you and your family.

Common Matters We Handle

  • Drafting a will to ensure your assets are distributed according to your wishes
  • Creating a testamentary trust for a minor child to manage their inheritance until adulthood
  • Updating your will after major life changes such as marriage, children, or business developments
  • Establishing a living trust for privacy and continuity of asset management
  • Planning succession in a family business to ensure continuity and fairness among children
  • Minimising estate duties and tax liability through strategic planning and gifting strategies

Frequently Asked Questions

Yes. A will ensures your assets are distributed according to your wishes. Without a will, your estate is divided according to the Intestate Succession Act, which may not reflect your intentions. Even modest estates benefit from a will. Dying intestate creates delays and can lead to family disputes.
Testamentary capacity is the specific mental capacity required to make a valid will. It requires understanding the nature of making a will, knowing your assets, understanding how distribution works, and being free from delusions. It is assessed at the time of making the will. Testamentary capacity can exist even if you lack general mental capacity for other purposes.
Generally yes, you have testamentary freedom. However, the Constitution and courts recognise that provision must be made for dependants. If you exclude a dependant, they can claim from the estate under the Maintenance Act. You must therefore consider your dependants' needs and document your reasoning for any exclusions.
A testamentary trust is created by your will to hold assets on behalf of beneficiaries. It is useful for managing inheritance of minor children until adulthood, for beneficiaries with spending difficulties, or for beneficiaries with disabilities. A trustee manages the trust assets and applies them for beneficiaries' benefit. We advise on whether a testamentary trust suits your circumstances.
Review your will whenever circumstances change significantly: marriage, divorce, birth of children, substantial changes in assets, or change in who you want to benefit. Generally, a will should be reviewed every 5-10 years even without major changes. We can discuss what updates are needed at your review.
Yes. Estate duty is payable on assets exceeding certain thresholds. Strategic planning such as life insurance, gifting during life, and use of trusts can reduce the estate duty burden. We provide tax advice in coordination with your accountant or tax adviser to optimise your estate planning.

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