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.
However...
Mark never thought about the fees his executor & trustees will charge, leaving his estate and beneficiaries with much less than he hoped for.
The Solution!
For as little as R 135 per month, our Legacy Protection Plan™
solves this and many other problems, should you pass away.
Don't be like Mark and leave problems when you want to leave a legacy!
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? *
We recommend our LPP™
to cover your fees and costs of
from only
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Tap here for more information
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.
Estate Overheads Protector™
Estates take time to wrap up and there are costs that can become an additional burden to your family. This benefit is available in cash to the executor of the Estate, to help them pay for the costs relating to the Estate, such as Master's fees, correspondence fees, property clearance and advertising costs.
Estate Gap Cover™
If both you and your spouse should pass away, it can be a financial shock to your beneficiaries. It’s often too expensive to cover the costs associated with both spouses passing away simultaneously. Through this benefit, you can provide for inheritance taxes and other additional legal costs as well as the loss of monthly income.
Frequently asked questions
What is EduCare™?
An estate planning product that provides dedicated cover for your children’s education and care should you become impaired, severely ill or pass away. EduCare™ is integrated with your will through a Children’s Trust™. The proceeds will be paid to the Children’s Trust™ for the trustees to allocate according to your children’s needs. This is a whole-of-life product that is fully underwritten upfront. You would pay a single premium with no need to specify each child’s details. This product covers any beneficiary of the Children’s Trust™, including grandchildren. The trustees are bound to follow the product rules to the benefit of the child.Capital Legacy’s unique approach to education protection cover through EduCare™ not only helps cover school fees but also personal care needs, stationery, sporting equipment, food, and transport.You can choose the amount needed to help cover the costs of your children’s education and care (our expert consultants will guide you). If something happens to you, we will pay your EduCare™ benefit into a dedicated Children’s Trust™ for your child. The trustees of the Children’s Trust™ will then allocate funds to help cover your children’s education and care needs based on your plan. (You can nominate a person of your choice to be co-trustee together with a Capital Legacy expert, for peace of mind). All the trust and trustee fees are indemnified, ensuring that the full values go towards your children’s education and care.
Do I need a lawyer to draft my last will and testament?
Your last will and testament is one of the most important documents you will ever sign. Drafting a will forms part of the process of estate planning and involves a range of considerations. While you do not, by law, need a lawyer to make a will, getting expert guidance can ensure that your will is valid and your final wishes are carried out effectively.There are several professionals who can help draft your will, such as banks, accountants, and organisations that specialise in wills. You can also draft your will yourself, granted that it meets all the legal requirements for a valid will. DIY wills are even available at stationery shops. However, there are significant benefits to having a professional help you draft your will.Other than the 'who', it is even more important to focus on the 'what' in your will, to meet the legal requirements of a valid will. Here, it is a good idea to ask an expert to draft your will.Anyone aged 16 years or older, who is mentally competent, can draft a will.A will must be in writing – either by hand or typed – and the signature of the person whose will it is (testator = male, testatrix = female) must appear on every page. These signatures must be made in the presence of two competent witnesses.Witnesses must be aged 14 years or older, of sound mind, and not be named in the will. They must sign in the presence of the person whose will it is, and of each other.Your original signed will should be held in safe custody. You can keep a copy for your records.Estate planning considerations refer to making a plan for everything you own, and everything you owe. The guidance of a professional can offer peace of mind. When you embark on your estate planning journey, it is to ensure that your assets are distributed the way you want and that your loved ones are provided for when you pass away. It also means making sure there’s enough money to settle outstanding debts and taxes, pay estate taxes and other costs associated with dying. Aspects such as your marriage regime, capital gains tax and any other applicable income taxes must also be considered. It can feel quite overwhelming. We are here to make the process as simple as possible. We offer a full suite of wills and estate administration services, all under one roof. For more information or to arrange your complimentary will consultation, speak to your financial advisor or contact us.
What is freedom of testation?
Freedom of testation is a law that allows the person drafting their will (testator = male, testatrix = female) to bequeath assets as they please. South Africa observes freedom of testation, so a person can leave their assets to whoever they like.
What happens to my home if I die without a will?
Regardless of whether you have a will or not, your estate will still need to be administered when you pass away, and this will be overseen by an executor. However, when you pass away without a valid will (intestate), your assets will be distributed to your heirs based on the Intestate Succession Act no 81 of 1987. Therefore, if your property is portioned into a few inheritances then the executor of your estate has the authority to sell it and distribute the proceeds to the various heirs or the executor may sell it in order to cover outstanding debts and taxes due, should there be little or no liquidity in your estate. Your descendants, however, could decide how to distribute their joint inheritance. If they decide to co-own the property, then it will be transferred into all their names.
Can an executor of a will be a beneficiary?
When drafting your will, there are certain key individuals who should be listed. Among these are the executor and your beneficiaries. Legally, an executor of a will can also be a beneficiary, but there is a lot more to it.If the executor is also a beneficiary, this individual will have a dual role and be entitled to receive their inheritance as outlined in the will, while also being responsible for administering the estate. This may seem like a practical and feasible option, especially if the deceased had a close relationship with the chosen executor. However, it raises questions about transparency, impartiality, and potential conflicts of interest as the executorship role involves a range of responsibilities.To officially become the executor, the individual must apply to the Master of the High Court. This involves submitting a copy of the will, the deceased’s death certificate, and a formal application to receive the Letters of Executorship (LoE). The executor is required to create a comprehensive inventory of the deceased’s assets and liabilities and submit it to the Master. They must ensure all outstanding debts and taxes of the deceased are settled and distribute the assets to the beneficiaries as outlined in the will. Only after this has been done, can they apply to the Master for official closure of the estate. Before agreeing to act as executor, it is highly advisable to reach out to a legal professional who can provide guidance.Let’s also look at the difference between a beneficiary and an executor. A beneficiary is an individual or entity named in the will to receive specific assets from the deceased estate. An executor is a person or institution appointed to administer the deceased estate. Besides this difference, several other factors should also be taken into account:• Age and health: Professionals often have continuity plans in place. For relatives or friends, you will need to designate an alternative executor in case the primary choice cannot fulfil their duties.• Co-executor/agent: Nominating a beneficiary who does not have the necessary qualifications to act as executor means a professional co-executor will have to be appointed. The Master of the High Court will ordinarily require that when someone without the necessary qualifications and skill set is nominated, they must be assisted by a professional.• Emotional resilience: Being named the executor of a family member or friend’s estate can be overwhelming at a time of grief and emotional turmoil.So, can an executor of a will be a beneficiary? The answer is simple: Appointing an executor who can navigate the legal and financial complexities of estate administration while remaining transparent is key. This is where we come in. We offer a full suite of wills and estate administration services, all under one roof. For more information or to arrange your complimentary will consultation, speak to your financial advisor or contact us.
What happens if a person dies without a will in South Africa?
Estate planning is a crucial part of your personal finance journey, and at the heart of it lies your last will and testament. But what happens if a person dies without a will in South Africa? Without a will – or even with an invalid or outdated will – the law of intestate succession will apply, according to the Intestate Succession Act 81 of 1987. This means your estate will be divided according to a set formula, based on which relatives are alive at the time of your passing. If you die without a will and have no-one to inherit in terms of the Act, the money in your deceased estate will be placed in the government's Guardians Fund. If no heirs come forward to claim the money within 30 years, the funds will be forfeited to the state.With no will, there would also have been no appointment of an executor. The intestate heirs may nominate a person to be appointed as executor, however, the final decision lies with the Master of the High Court.One of the major consequences of dying without a will concerns guardianship for minor children. Your wishes might not be considered and the children might be placed in the care of someone you didn’t intend them to be placed with if you pass away without a will. Even the children’s inheritance will be at risk. You might have wanted to place the children’s inheritances into a trust, for example, to be paid out only when they reach age 25. However, without a will the inheritance will be paid into the government's Guardian Fund and could take years to pay out to the children.Apart from creating inheritance pitfalls, there are many other consequences of dying without a will. The importance of having a valid and updated will cannot be overestimated. This includes: Avoid family disputes: A well-drafted will can prevent family infighting and ensure that each beneficiary knows precisely what they will inherit. Efficient estate administration: Nominating an executor in your will streamlines the estate administration process and ensures that someone you trust manages your affairs upon your passing. You should also consider the peace of mind that a will gives you, and how it serves as a vital legacy for your loved ones, sparing them unnecessary worry and financial hardship in the future.We offer complimentary will-drafting consultations to help you create a comprehensive will tailored to your unique circumstances. Speak to your financial adviser or contact us to secure your legacy.
Not to brag, but we're kinda good at what we do.
Don't take our word for it though...