Wills and testamentary trusts


Make sure you have your will in place so that your estate is distributed correctly and loved ones receive your legacy.

A Last Will and Testament allows you to control what happens to your estate (your money, property, and other assets) after your death. In a will, you can define assets, name beneficiaries, assign guardians for your minor children, and appoint an executor to carry out your wishes. If you die without a valid will, the fate of your estate is put into the hands of the probate court.

Once you make your will, you can make it legal by signing it with your witnesses. State laws vary with respect to how many witnesses are required, whether oral wills are considered valid, and other such details.

TOP 5 CONSEQUENCES OF
NOT HAVING A WILL

  1. You forfeit the opportunity to decide who inherits what and your Estate is distributed according to South African law. This means people who you may not have wanted to benefit from your Estate may inherit your Estate.
  2. Your Partner may be left with nothing if you are not married or your Will is not updated from a previous marriage.
  3. Your Children’s inheritance could pass to the Government Guardian’s Fund or appointed Guardian rather than to a Trust that will ensure your wishes for them are carried out.
  4. Family feuds often occur when family members argue over the distribution of your Estate when final wishes are not clearly documented in a Will.
  5. Winding up your Estate can take years – without a Will appointing a professional Executor, the government is essentially in control of the process.

TOP 5 IMPORTANT COSTS
OF DYING

  1. Executor fees – You need a professional to wind up your Estate. Professionals cost money and executors can charge up to 3.5% + VAT of the value of your Estate in order to do the work. This could be hundreds of thousands
  2. Immediate expenses – When you pass away, your bank accounts could be frozen and your family could have limited access to money. Our Immediate Liquidity™ Benefit
  3. Testamentary Trust fees – If you are leaving an inheritance to minors, you need to set up a Trust upon your death in order for them to inherit your assets. Trust and ongoing Trustee
  4. Monthly living expenses – Estates can take months, if not years, to wrap up and families mistakenly assume their Estate will pay the monthly ongoing expenses
  5. Taxes – Most people leave their entire Estate to their Spouse, but if both of you pass away and your Children inherit everything
COVER LEGAL FEES

Get an innovative insurance product, starting from as little as R82.76 per month, that accompanies your Will and covers the legal fees such as Executor Fees, Testamentary Trust Fees, Conveyance Attorney Fees and other costs associated with dying including Master’s Fees, advertising costs, monthly bills, etc.

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