Our Services
Wills Drafting
A Will that has been carefully drafted ensures a seamless and speedy estate administration process.
It is a known fact that 75% of South Africans do not have a valid Will in place and being part of this statistic will result in the estate being administered in terms of intestate succession. The freedom to nominate beneficiaries and executors of choice, is lost and other administrative complications arise.
Cuidara offers a free Wills drafting service, which includes:
- A face-to-face or telephonic consultation to discuss and understand the needs, wants and circumstances of the client to ensure that the exact wishes of the testator or testatrix are clearly expressed in the Will.
- Ongoing discussions and explanations until the client is satisfied.
- Assisting clients so that a Will is executed in accordance with the Wills Act.
- Regular Will review follow-ups and amendments done where and when necessary.
Tax Services
The tax service offering focuses on tax compliance of the deceased taxpayer and the deceased estate. Before an estate may be finalised, the tax compliance certificate is required from SARS as confirmation that the deceased’s tax affairs are up to date and has been deregistered for tax purposes.
Tax compliance may comprise, Income Tax, VAT, PAYE, Capital Gains Tax and Estate Duty. The taxes are dealt with via e-filing and the relevant departments of SARS and their tax auditors and compliance teams.
Cuidara’s tax service includes but not limited to:
- Tax registration on e-filing, for deceased individual and deceased estate, if necessary.
- Update of estate bank details for payment of refunds.
- Submission of Income Tax returns and supporting documents when required for verification or audits.
- Submission of objections and/or request for write-offs or compromises.
- Submission of Estate Duty Returns and supporting documents when required for audit purposes.
- Obtaining estate tax compliance certificates.
Estate Administration
Our core-service offering is to attend to the winding up of a deceased estate in terms of a valid Will or in terms of the Laws of Intestacy, where the deceased does not have a valid Will in place.
We can either act as:
- Executor of the estate, or
- An agent to the Executor
Administering an estate is a legal process which can be traumatic and stressful, and we can lessen this burden during a very difficult time.
With over twenty years’ experience, our professional and qualified estate administrator will ensure a smooth end-to-end process. We understand the legislative framework for the administration process and work together with heirs and business partners to resolve any unintended complications that may arise.
We have good working relations with institutions which are part of the process, such as The Master of the High Court, SARS and financial institutions so that speedy turn-around times are experienced. We are members of the Master’s fast track panel which gives us an advantage in obtaining Letters of Executorship in the shortest possible time-frame.
We believe that communication is key and we can say with pride that beneficiaries and interested parties are updated bi-weekly, at least. In addition to providing updates, our administrators are also available to explain processes and give guidance on planning any liquidation, when necessary.
Cuidara’s administration service includes:
- Meeting with client to explain the process and assist with completion of reporting documents and taking custody of same. Follow up meetings as and when required.
- Submission of documents, by hand, to the local Master of the High Court. Submission of documents to outlying Master’s office by courier. Follow up on issue of Letters of Executorship.
- Attend to relevant legal estate notices in Government Gazette and local newspaper.
- Obtaining relevant asset and liability information and attending to liquidation of assets where necessary. Settle estate liabilities.
- Draft Liquidation and Distribution Account and submit same to Master of the High Court and local Magistrate.
- Ensure compliance with all taxation frameworks.
- Distribute and/or transfer estate assets to heirs and beneficiaries, when legally in a position to do so.
- Obtain final clearance from the Master of the High Court and SARS.