A deceased estate comes into existence when a person dies, with the Administration of Estates Act, 1965 prescribing the procedure to be followed for administering a deceased estate.
The winding up of a deceased estate, especially if it is plagued with disputes over assets and debts, can tax South Africa’s best professionals. This full day workshop addresses all the imperatives related to estate administration and planning - from the reporting of the estate through to finalization stage.

The following will be covered in the workshop by using case studies to explain the issues at hand:

The period prior to death

• the last will and testament


• documents / valuations needed after death


• estate planning issues (not addressed later)


• impact of different matrimonial property regimes on estate planning


• some exchange control issues

After death

• reporting the estate (documents to be sent to the Master)


• estates of persons who upon their death are not resident in the RSA and do not own any property other than movable property in the RSA


• estate that does not exceed the amount determined by the Minister


• the appointment of the executor and obtaining letters of executorship


• advertising (the death notice, for creditors, etc)


• redistribution agreements


• liquidation and distribution accounts


• format


• to be submitted within six months


• taking over by surviving spouse of estate or portion thereof


• remuneration of executors


• calculating the normal tax liability at date of death


• dealing with retirement benefits (pension funds)


• retirement benefits from the employer


• assets that qualify for roll-over relief (from capital gains) at death


• capital gains at death


• discharge of debt


• value-added tax consequences at death

Calculating the estate duty liability

• valuation of property


• assets outside the RSA


• limited interest in the estate


• accrual in terms of the matrimonial property regime


• life insurance and retirement funds


• donatio mortis causa and donations taking effect after death


• deductions in arriving at the net value of the estate


• legacies that qualify to be deducted


• property of which the deceased was immediately prior to death, competent to dispose

Paying estate duty

• recovering the estate duty from the persons liable to pay the duty


• liability of the executor


• dealing with additional assets found in the estate

The taxation of income after death

Anyone who is involved with an individuals personal affairs, personal financial planners, estate planners, accountants, tax practitioners, bankers, insurance brokers and agents.

Adv. Redge de Swardt & Piet Nel

Advocate Redge de Swardt
BCom (Law) (cum laude); BCom (Hons) (Taxation) (cum laude); MCom (Tax) (cum laude); LLB (cum laude)

Redge de Swardt is a senior lecturer in the Department of Taxation at the University of Pretoria where he lectures taxation on post-graduate level. He is an admitted advocate and practices as an associate member of the Pretoria Society of Advocates. He has extensive experience in presenting taxation seminars for accountants, lawyers and tax practitioners. He is a co-author of a number of taxation related text books, including Silke: South African Income Tax.

Piet Nel
BCom(Hons); MCom(Taxation);CA(SA)

Involvement in following professional bodies:

• Member of the South African Institute of Chartered Accountants (SAICA)


• Current chairman of the Tax Committee for the Regional Society of Chartered Accountants in Pretoria


• Member of the liaison committee (SARS / SAICA)


• Person responsible for taxation on the SAAA (an association for teachers in accounting)


• Involved in the design of tax returns since 2003


• Past member of the national tax committee for SAICA since 2004 and is the current Chairman of the Northern Region Tax Committee of SAICA

Attendance at this seminar will secure 7 hours verifiable CPD points including other professional bodies (SAICA, SAIPA, SAIBA, ACCA, IAC, ICB, FPI, ACIS, LSSA, FISA)