It’s not an easy conversation, but death happens to us all.
Life is busy but your will is one of the most important documents you'll ever draft and all we need is an hour of your time.
Your will is important, so is planning for the costs of dying. Here's why:
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Meet Mark.
Mark is one of only 30% of South Africans who got his will in place in order to protect his family if he’s no longer around.
Why do your will with Capital Legacy?
Because whichever way you look at it, we have the solution all under one roof
The Will
With access to a specialist consultant, free collection and safe-keeping, and unlimited amendments at no cost, our services provide an easy and stress-free way to secure your will.
Your Beneficiaries
Our services offer the option to create a trust for your loved ones, especially those with disabilities, and provide a personal estate consultant to guide you through the process.
Your Estate
Our services provide the flexibility of choosing any executor, the assurance of established in-house professionals administering the process, and the option of covering costs up to 100% upfront.
Your Trusts
We will take care of all the trusts required by your will to ensure your beneficiaries are protected and get the most of their inheritance.
Did you know…
Capital Legacy was the first to bring out an insurance policy integrated with your will that pays for the fees and costs when you pass away. It's called the Legacy Protection Plan™ and has revolutionised the industry, helping more than 300 000 South Africans since we launched in 2012.
Calculate your cost of dying
No hidden agendas with us... There are costs but NOT for the will itself, rather the executor & trustee fees should you choose to appoint us. We have a solution for these fees but first, let's quickly help you estimate these.
How much is your estate worth?
What is the value of your properties?
Do you have kids younger than 18? *
Why do I need the Legacy Protection Plan™?
This policy is the most cost effective way to provide funding to cover your estate legal costs. It can also prevent massive delays in administering your estate, saving your family trauma and at worst financial ruin.
Affordable premiums for any age, with BIG benefits
Has no cease-age and covers you for your entire life
Includes cash benefits to plug gaps that your other policies cannot
For as little as R 111.70 pm
Integrated benefits
With the Legacy Protection Plan™
Immediate Liquidity™
When you pass away, your family could have limited access to money. Ensure there is money available to cater for things such as funeral expenses, travel arrangements, groceries and other immediate expenses. This benefit pays within 48 hours giving rapid relief to your loved ones.
Frequently asked questions
Do you pay Capital Gains Tax on a deceased estate?
The executor of an estate is required to disclose and submit the Capital Gains Tax calculation together with proof of documentation to the South African Revenue Services (SARS) as part of the annual income for the financial year in which an individual passes away. SARS will then assess the calculation and the documentation, and confirm the amount of Capital Gain Tax due to be paid by the estate.
Why should I have an Islamic will?
A will conveys your final wishes in a legally binding way, including how your estate must be divided. The benefit of having an Islamic will is that your estate will be administered according to Islamic law, providing for your Islamic heirs and religious responsibilities, however you still retain the freedom to appoint an executor of your choice to attend to the deceased estate administration process.
How do I prove I am the executor of an estate?
You can prove you are the executor of an estate by producing the Letters of Executorship (LoE) or Letters of Authority (LoA) as issued by the office of the Master of the High Court. You can be nominated as an executor in one of two ways:The deceased could nominate you as executor of the estate in their last will and testament.If the deceased did not have a will, or did not nominate an executor in their will, the nominated beneficiaries could nominate you as executor of the estate.
What is accidental (implied or tacit) revocation of wills?
The simplest method of revoking a will is by validly executing a further will or codicil. A clear way of doing this is by including a revocation clause in the later will. For example, at the outset of the new will, it could simply state: 'I revoke all former wills and testamentary dispositions and declare this to be my last will and testament.' This simple clause will revoke all previous wills and codicils. But it might present problems when acquiring foreign assets in countries that do not have freedom of testation. As we have in South Africa, this simply means that the testator may leave his estate to whomever they want to. In some countries, e.g. France, the principle of forced heirship applies. Under these laws children are prioritised over spouses. Why should this be a problem? Let's assume a South African buys a property in France. He then draws up another last will and testament to leave the property in France and his properties in South Africa to his wife. But the property in France might end up going to his children, because France’s laws prioritise children over spouses. How could this happen? Simply because the last will and testament is subject to the laws of the country where the asset is situated. That part of the testator’s will is therefore accidentally revoked.
What are the benefits of education insurance?
There is money securely ring-fenced to take care of your children's educational needs if you pass away, become severely ill or impaired. EduCare™ is dedicated cover to ensure their continued education and care, should something happen to you.EduCare™ helps cover school fees, personal care needs, stationery, sporting equipment, food, transport and tertiary education. Over and above the core cover, EduCare™ also includes the following additional benefits:● The LifeStarter Benefit™ pays out as a cash lump sum when your child turns 18, on the 1st day of their birthday month. This amount is selected by you in the initial calculation.● The Global Bursary Benefit™ pays up to R5 million in university fees if one or all of your children get accepted into one of the 50 Oxford Global top universities.● The Achiever Benefit™ pays out a once-off cash lump sum of R150 000, per child, if they qualify for National Colours. ● Medical studies benefit – if any of your children covered choose to study to be a Medical Doctor, up to R100 000 will be paid to the institution per annum, for 3 years, after successfully completing their 4th year of their Bachelor of Medicine degree.● Estate duty benefit – any estate duty created by taking out EduCare™ will be covered up to R1 million.
Is a handwritten will legal in South Africa?
Yes, a handwritten will is legal in South Africa. However, there are certain requirements that must be met. The person drafting the will:Must be 16 years or older;Must be the person whose will it is, i.e. the testator (male) or testatrix (female);Must not be anyone specified in the will (e.g. the executor, or a trustee, heir or beneficiary) or their spouse; andMust sign the will, along with two independent witnesses (14 years or older, of sound mind, and not specified in the will).Contact our expert Testamentary Consultants who can advise you on the finer details of drafting a valid will.
Not to brag, but we're kinda good at what we do.
Don't take our word for it though...