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 105.87 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
Do you need a lawyer to draft a will?
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.
How do I register a deceased estate?
When an individual passes away, you need to notify the Master of the High Court in the deceased’s jurisdiction of domicile within 14 days after the notice of death. To then proceed to open an Estate Late bank account, requires the Letters of Executorship (LoE) / Letters of Authority (LoA) as issued by the Master. LoE applies to estates with gross value above R250 000. LoA applies to estates with gross value below R250 000. Documents required for LoE / LoA to be issued by the Master include (as applicable):Death noticeCertified copy of death certificateCertified copy of deceased’s IDCertified copy of surviving spouse IDOriginal last will and testament (if the deceased had drafted a will)Undertaking and acceptance of Master’s directions (in duplicate)Certified copy of executor's IDNomination of executor and ID of person nominating the executorInventory of assets and liabilitiesDeclaration that the estate has not been reported to dateDeclaration of how the deceased was marriedCertified copy of marriage certificate / divorce order / predeceased spouse’s death certificateAcceptance of Trust documentConfirmation of assistance by…Nomination of representativeAffidavit by next of kinPolice report (if death was due to unnatural causes)
Does my SA will cover my UK assets?
A worldwide will works very well if you live in South Africa but have assets in a country with similar heirship laws to our own, such as the UK. Like South Africa, the UK has freedom of testation. It is important to have appropriate wills drafted to protect your estate and heirs suitably. You can either have multiple wills for each jurisdiction where you have assets, or you can draft a worldwide will to cover assets in different countries that have the same inheritance laws as South Africa. While certain countries follow the same rights of inheritance that South Africa recognises, there are others that are vastly different. However, a worldwide will or an offshore will can protect your estate if you are intending to relocate or if you are thinking of buying property abroad.
Who inherits when there is no will, in South Africa?
If you do not have a legal, valid will the law will govern how your assets are distributed. The executor of your estate will have to ensure that your estate is divided in line with the Intestate Succession Act with consideration of the Maintenance of Surviving Spouses Act and Children’s Act, if applicable. Your estate will be divided per stirpes and by representation. Questions related to this question:What happens to the part of my estate that my children stand to inherit, if I have no will?What happens if parents die without a will?
Who must be covered in a last will and testament?
The importance of having a valid will cannot be overstated. A carefully drafted will allows you to secure your family’s future, protect your assets and wishes, and plan for the unexpected. However, understanding who must be covered in a will involves careful consideration of legal requirements and familial relationships. When drafting your will, it’s essential to be specific about who you want to bequeath your assets to. Failing to be specific can lead to confusion and legal battles.For example, if you simply state that you want your assets to be distributed among your children, this could cause problems if you have stepchildren. Similarly, if you have specific wishes for how your assets should be distributed, such as a charity you want to support, you need to be clear about this in your will. So, what should be covered in a will?Immediate family membersIt is important to secure your family’s future when setting up your will. The primary beneficiaries, therefore, are typically immediate family members, including spouses, kids, and parents. Specifying the spouse’s share in the will can prevent future disputes. Kids are crucial beneficiaries who must be covered in a will. It’s important to note that you may not disinherit minor kids. Their well-being is always put first as far as last wills and testaments are concerned. Parents may also be included if they are financially dependent on you.Extended family membersExtended family members, such as siblings, grandparents and cousins, can be included in a will if you wish to allocate assets to them. It is essential to explicitly state their inclusion and the detailed distribution to protect your assets and to avoid infighting among relatives.Guardianship of minor childrenOne of the most important people who must be covered in a will is the guardian of minor kids. This nomination ensures that your wishes regarding the care and upbringing of your kids are honoured upon your passing. If you have minors, you will need to carefully consider who will be responsible for caring for them and their assets if you pass away.Charitable organisationsLeaving a portion of your estate to charitable organisations or causes can be a fulfilling way to leave a positive impact beyond your lifetime. Many people choose to support charities or community initiatives through their wills, aligning their legacy with their humanitarian ideals.Executor and trusteesOne crucial aspect of setting up a will is appointing an executor and trustees to protect your assets and carry out your wishes efficiently. The executor oversees the administration of the estate, while trustees may be assigned to manage trusts created for beneficiaries.Alternate beneficiariesTo plan for the unexpected, it’s vital to name alternate beneficiaries in your will. If a primary beneficiary predeceases the testator or is unable to inherit, the alternate beneficiary will assume that role.Knowing who must be covered in a will involves carefully considering all aspects of your life and relationships. We are wills and estates specialists, so it makes sense for us to draft your last will and testament and be your executor.For more information or to arrange your complimentary will consultation, speak to your financial advisor or contact us.
How do I open (report) the estate of a deceased person?
The estate of a deceased person must be reported to the Master of the High Court within 14 days of the date of death. The death can be reported by any person who has control or possession of any property or documents (usually a Trust company) that is, or intends to be, the will of the deceased individual. The estate is reported by lodging a completed death notice and other documents with the relevant office of the Master of the High Court.
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