21/04/2021
The importance of proper estate planning and a Last Will and Testament
When talking about estate planning or setting up a Will, most people do not understand the wide-ranging consequences such a document has. The general thought is this document only determines whether you are cremated or buried, who should inherit what and who must be the executor of the estate.
However, there are different aspects to consider when doing estate planning and setting up your Will. Should you pass away without a Will, it is called intestate succession, meaning that the state will take control of your estate and appoint an executor to distribute the assets within your estate.
No, your assets will not go to the state, there is a piece of legislation that sets out exactly how your estate will be distributed, namely Intestate Succession Act (Act 81 of 1987). This will work with a ranking system set out in the legislation with a specific formula to dictate which family members inherit what. If your descendant ends up fighting about who should inherit what, it may result in the sale of all assets and rather splitting the money between remaining members, this can cause that your specific wishes not being met. Worse, bad, or absent estate planning may result in a cash deficit in the estate, which may also lead to all assets being sold to cover costs or shortfalls in the estate.
If there are minor children involved, there might also be a need to appoint guardians, set up a testamentary trust and ensure the proper trustees are appointed to handle the finances of the trust.
You might think that you have enough cash to cover all costs associated with the ex*****on of your estate, but this may not always be the case as there may be estate duty and executor’s fees that you have not considered.
If you think you might need to have a look at your estate planning and Will, speak to your financial planner to set up a meeting and do the proper planning.