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Estate Planning is the arrangement of an estate in terms of which the Planner’s objectives in dealing with the assets and liabilities are achieved.

Important aspects of Estate Planning:

  • A will is a legal document which must conform to certain legal requirements.
  • It is a way in which a person can decide while living, how his assets are going to be distributed after his death.
  • If no will has been drawn up and the person dies, he/she will die in testate and the distribution of assets will be done according to legislation and not necessarily as he wanted to distribute his assets after death.
  • It is important when doing Estate Planning to know whether the Person is married in community of property, or Out of Community of Property (ANC). If married by ANC it can also be with or without Accrual.
  • Has proper provision been made for the welfare of dependants in case of death of the testator.
  • It is important to make sure that the liquidity of the Estate is enough to cover all costs for the winding up of the estate as well as all liabilities and possible claims against the Estate
  • By doing proper planning you can reduce Executor’s Fees and Estate Duty.
    Estate Duty
  • Estate duty is only applicable where the Estate is in excess of R3 500 000. All assets bequeathed to a spouse is also free of Estate Duty
  • (Sect. 4q). If your assets exceeds this amount it is essential
    that you get proper advice on how to limit costs.
  • By doing a proper Estate Planning it can help to reduce the time frame within which the Estate is wound up.
  • It can reduce costs and you can decide how you would like to distribute your Assets when you are no longer there to give an input.

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