A legacy to benefit your loved ones 

What to consider when creating a holistic estate plan 

Identifying your assets and liabilities 

Your assets may consist of retirement funds, life policies, share portfolios and collective investment schemes. It is important to understand the features of your financial products because this will determine which will need to be wound up by your executor, and will therefore attract executor’s fees. Some assets are not subject to the winding-up process will still attract estate duty. Your estate may also include assets that attract capital gains tax or a fixed property that is mortgaged when you pass away. Identifying your assets and liabilities enables you to plan for adequate liquidity in your estate to settle taxes, administrative costs and other liabilities. 

Understanding how your assets will be treated after you pass away also helps you facilitate a seamless transfer of wealth. For example, some investment policies allow you to nominate beneficiaries who will receive the proceeds of the policy on your death. These assets don’t form part of the deceased’s estate, thus eliminating delays in funds being received by loved ones and ensuring that maintenance needs and lifestyle expenses are provided for. 

Finally, if you own assets abroad, there may be additional probate and foreign estate taxes to consider. 

Your personal circumstances 

Tailored planning is especially important for estates that must meet the needs of blended families, minor children, dependants with special needs, estranged relatives or vulnerable beneficiaries. Parents, in particular, have to ensure that their wills are regularly updated, also making provision for their children’s care by nominating a guardian for their minor children. Many parents are concerned about their children’s inheritance being paid into the Guardian’s Fund. This concern can be addressed by making provision for the inheritance of a minor(s) to be paid into a trust for their benefit. 

Your estate plan is not static 

Your changing personal circumstances will always affect your estate plan, as will external circumstances like changes in tax rules and regulatory updates. It is imperative that your estate plan be reviewed at least annually. 

The importance of seeking expert advice 

Estate planning intersects with tax rules, family law, trust law, succession laws and – where applicable – cross-border legal and tax systems. Very few individuals possess the expertise to navigate this complexity alone. Engaging with a qualified professional ensures that your estate plan complies with current legal requirements and leverages the most efficient structures. 

If you have international assets or cross-border connections, professional advice becomes indispensable. Each jurisdiction has its own succession laws, death taxes and estate reporting obligations. Without specialised guidance, your estate could face double taxation, unintended delays or even distributions that are not aligned with your wishes (such as forced heirship). 

Equally important is the guidance that professional advisers provide in respect of managing your goals and respecting your wishes. They do so in an objective manner, helping you navigate emotional decisions. 

Drafting a robust and legally sound will 

No discussion about estate planning is complete without talking about your will. A will is the foundation of any estate plan. It directs the distribution of your assets, appoints guardians for minor children, determines executorship, and can set up trusts for vulnerable beneficiaries. 

Ultimately, however, even the most robust will becomes irrelevant if your instructions are not enforceable and executable. Errors in witnessing, ambiguous wording, conflicting clauses or omissions can render a will invalid or expose it to costly legal challenges. It is of the utmost importance that your will be drafted with precision and complies with all legal formalities. 

The risks of crafting an estate plan yourself 

Attempting your estate planning yourself may seem convenient, but it carries significant risks. Even small mistakes can have enormous consequences. A poorly prepared plan can leave your loved ones with uncertainty, financial strain and legal obstacles at the worst possible time. Understanding what goes into such a plan and seeking expert advice will help you make informed, confident decisions.