Fiduciary Services
Wills: building financial confidence for generations to come
Advocate Sankie Morata, Chief Executive of Sanlam Fiduciary Services, sheds light on the importance of wills and how his departments are empowering clients to live with confidence
“We have no control over when we pass away,” says Adv Morata. “It can happen tomorrow, or it could happen decades from now. We are living in uncertain times, so ensuring that you’re covered in the event of tragedy is of utmost importance. Without a will in place, you have little to no control over what happens to your estate in the event of your passing.”
In recent years, the Master of the High Court estimated that as many as 70% of working-class South Africans will have had no will in place in the event of their death. This number is very high, and shows the vulnerability of many South Africans. The consequences of passing away without a will? In South Africa, not having a valid will in place could result in the estate (or rather, what you own) being administered under the Intestate Succession Act 81 of 1978. Essentially, this means that whatever you own will be distributed among your surviving spouse, or your children, parents, siblings or other relatives.
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Everyone needs a valid will
Why a will is important
In the event of dying without a will, the Act makes provision for the surviving relatives. However, this may not be in line with how you would like to see your estate divided. For instance, should you die without having a spouse or children, the absence of a will means that your estate will be divided among your other relatives, including your parents, uncles or aunts. Should you have no living relatives, the estate will be placed into the Guardians Fund for a period of 30 years.
Having a valid will in place means that you are empowered by the knowledge that your estate will be divided according to your wishes, and not according to government guidelines, by default. That means that you can look after your children, friends and charitable causes in a way that you are comfortable with.
Speak to a trusted financial adviser who can help ensure that your wishes are carried out once you pass away.
FREQUENTLY ASKED QUESTIONS
Some of your questions answered
Why do I need a will?
If a person dies without a will, it could lead to severe administrative, tax and legal problems and possibly also lead to financial losses.
In your will, you determine how your assets should be divided, and nominate an executor and trustee to take care of the division of the estate’s assets and to handle the administration of any trust assets.
You have the right to name heirs as you wish in your will. If you don’t, your assets will be divided according to the Intestate Succession Act, No 81 of 1987, after your death. This could mean that persons you would have preferred not inherit from you, could inherit.
Your will therefore determines the future of everything that you’ve built up through the years – and your heirs can be directly disadvantaged if you don’t plan correctly. Estate duty, income tax, VAT and capital gains tax (CGT) can take a big chunk out of your estate if your planning is wrong.
What if my will is complex?
If you suspect that your will might be more complicated (for instance because there are children from a previous marriage, complex business arrangements and specific wishes) contact us.
What is an executor?
The executor of your estate must administer your estate in terms of the Administration of Estates Act 66 of 1965, and any other relevant Acts, and execute your estate in accordance with the stipulations of your will (or Intestate Succession Act, when applicable) under supervision of the Master of the High Court. An executor ensures that all debt enforceable against your estate, as well as the necessary tax and administration costs, are paid, and that what remains of your estate is distributed according to the terms of your will.
The executor is the company, firm or person that you appointed in your will. If you choose to draft an online will, Sanlam will automatically be appointed as your executor.
How do I nominate an executor?
The appointment of an executor is a big responsibility. You may appoint your spouse, but this is in most cases not a good idea, since your spouse could be emotionally shattered and not ready to take important financial decisions.
Without the necessary knowledge, your spouse will also not know where to get the best advice or service. Your spouse may be exposed to someone serving his own interests, in which case the estate’s cheque book might end up in the wrong hands.
Approaching a reputable company or section of a company specialising in wills, estates and trusts is a much safer idea:
- You will enjoy the benefits of specialised experience and knowledge
- Your estate will be handled deftly and professionally and you are ensured of objective advice
- You enjoy complete security through internal control
- Sophisticated computer systems ensure top quality service
As a leading trust company in South Africa, Sanlam Trust offers expert management of deceased solvent estates and living and testamentary trusts. If you choose to draft an online will, Sanlam Trust will automatically be appointed as your executor.
How do I get my signed will back to Sanlam Trust?
You can send a copy of your signed will to stwills@sanlamtrust.co.za and make use of the complimentary will collection services to ensure your original will is in safekeeping. Alternatively you can also visit your nearest branch.
Are there any costs involved?
- There are no costs involved.
- We will draft your will for free and keep it in safe storage, if Sanlam Trust is the executor or co-executor.
- We will also draft a free living will on request. A living will allows you to detail your desires regarding medical treatment when you are terminally ill or permanently unconscious and no longer able to express informed consent, making things easier for your family.
What if I need a Shariah will?
The content of a Shariah will is fixed and complies with Muslim or Islamic laws. If you would like to compile a Shariah will please contact us.
What if I have questions or want to make changes?
If you or your beneficiaries have any queries or would like to make changes to the will, please contact us.
What should I do after completing the online will?
- A draft will is generated that you can download immediately. A consultant will call you to finalise your will, make sure it reflects your wishes, that you sign it correctly, and return it back to Sanlam Trust for safekeeping. You can send a copy of your signed will to stwills@sanlamtrust.co.za and make use of our complimentary will collection services to ensure your original will is in safekeeping. Alterrnatively you can also visit your nearest branch.
- If you’ve nominated another party as executor, please download and print the will. You will need to engage a will consultant to finalise your will. We strongly advise that you ensure that your will is safely stored and that the party you have nominated as executor is informed of this.
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