A Fiduciary Service To Protect Your Legacy

It is important that you are made aware of the fees associated with carrying out your wishes and tying up loose ends when you are gone. These fees are often an unknown or forgotten aspect of your legacy planning and can amount to thousands of rands that, if not provided for, can eat up a large chunk of the intended benefit you wish to leave to your beneficiaries in terms of your Will. These legal fees come in the guise of Executors Fees, Testamentary Trust Fees, Conveyance Attorney Fees and Non-Estate Asset Administration Fees that are charged as a percentage of your total estate value.

Understanding the Costs Involved

Unforeseen costs can occur directly after passing that can cripple your beneficiaries in the form of immediate funeral expenses, initial overheads (Masters Fees, property clearances etc.), monthly overheads (School fees, medical aid, rates and taxes, water and electricity etc.) and in the worst case scenario of you and your spouse passing away, exponentially high inheritance taxes.

5 Reasons To Get A Will With Accredo

Why you should consider using fiduciary services through Accredo

Frequently Asked Questions

Disadvantages Of Not Having A Will
  • The court could appoint someone you do not approve of to be your executor and / or trustee
  • If you have no immediate or close family, distant relatives rather than close friends or a life partner – will claim the inheritance
  • Your estate will be dealt with according to rigid and inflexible laws
  • Your minor children’s inheritance might suffer, since anything they are entitled to receive, will have to be transferred to the Guardian’s Fund in a monetary form, where it will remain until they turn 18. This means that the family home would have to be sold (converted into monetary form), which is quite possibly something you would never have chosed to happen
Can I Draw Up My Own Will?

Yes, but there are many legal formalities that should be placed in your Will to protect your assets and your loved ones in the event of your passing that you may overlook. Without these legal clauses included in your Will, your Will can be rendered invalid, a situation that could prove to be very costly for your loved ones to rectify through applications to the High Court.

What If I Need An Islamic Will?

Having a certified and compliant Islamic Last Will and Testament is an important duty made easy with Capital Legacy. By not writing a Will, you are leaving the door open for a non-Islamic authority to distribute your estate according to its own views. Therefore, your wish to remain compliant with the Islamic Religion can be honoured.

Our staff have been trained by experts and advised by the highest caliber to ensure that the legal requirements are met and that every aspect of your compliant Will is fulfilled. We have the specialized abilities to be able to execute your estate in accordance with the Islamic Laws and your wishes as set out in your Will.

What happens To Minors If I Don't Have A Will?

Without the provision of a Testamentary Trust in your Will, if a minor inherits in terms of your Will, their portion of your estate could run the risk of being bequeathed to their nominated Guardian or the Government Guardians Fund. Therefore it is important to ensure that a Testamentary Trust is provided for in your Will where minors may inherit to protect their inheritance until the termination age you decide on.

Do I Include All Insurance Policies In My Will?

The proceeds of your insurance policies can only be bequeathed in terms of your Will if these proceeds are payable to your estate. If you have nominated a beneficiary, these proceeds will pay directly to this beneficiary and you cannot revoke the nomination through your Will. The nomination can only be revoked or changed through the company in which your insurance policy is held. If your proceeds are payable to your estate or if you have not nominated a beneficiary on the policy, only then can you include the instruction of these policies in your Will.

I have Assets In A Foreign Country, Should I Have A Separate Will?

It is possible to have one Will which deals with your worldwide Estate. However succession law and the procedures which have to be followed with regard to estate administration differ from country to country and it is therefore recommended that a person has a separate Will drawn by an expert in the relevant law of each country where he or she has assets.

What Is A Testamentary Trust And For What Purpose Is It Used?

If for example you wish to bequeath a share of your estate to a child but you intend that child only to receive his inheritance when he attains a certain age, then you should provide for this in the form of a Testamentray Trust in your Will. The inheritance concerned will be managed in the interim on that child’s behalf by a suitably qualified and responsible person or persons who are known as Trustees. Your Will will define the terms and conditions on which the trust will operate and the powers which the Trustees will enjoy. Such a trust only comes into existence on your death and then only if the purpose for which the Trust was created exists, ie if you have stipulated that the Trust must terminate when your child attains the age of 25 years and if at the date of your death your child is over that age, then there is no need for a Trust.

What To Consider When Nominating An Executor

Nominating an executor in your Will is an important decision to make as the role carries a big responsibility. You may want to appoint your spouse or close family member, but this is in most cases not a good idea as your spouse or loved one may be emotionally strained and not ready to take on the responsibility of approaching the court and making the necessary financial decisions.

Appointing an Executor allows you to enjoy efficient, burden-free and compassionate estate administration.

How Do I Sign My Will?

It is very important to ensure that your Last Will and Testament is signed correctly to ensure that it is valid and enforceable at the time of your passing. See below some important guidelines to consider before signing your Will:

  • Ensure that your “final” draft Will is error free and complete. We strive for perfection but can sometimes make mistakes too
  • If amendments are needed, please contact us on to arrange for these to be drawn up in a new draft Will. NOTE: If you manually make amendments on your Will there is a risk that such amendments could be unclear and therefore not enforceable. Creating a new draft Will, with all the amendments in, is advisable
  • Only print your Last Will and Testament as SINGLE-SIDED when it is ready and you wish to sign it
  • When signing your Will, please sign on EACH page in the space provided where either Testator or Testatrix is indicated
  • Always sign in the presence of TWO INDEPENDENT witnesses. They too must each sign in the relevant space provided for on EACH page and state their names where applicable. NOTE: A witness must be older than 14 years of age at the time of signing and must be “competent” to give evidence in a court of law. If the witness is the Executor, spouse or beneficiary to the Will, they will be disqualified in such a capacity in terms of the Will
  • Place your signed and ORIGINAL Will in a safe place. At least one friend or family member should know its whereabouts and how to access it
  • Ensure that we too have a copy of your signed, correct Will. Please scan and send a COPY of the signed Will to wills@capitallegacy.co.za. Please make sure that you provide us with as many contact details for you as possible
  • For extra peace of mind, we can keep a SECOND, SIGNED and ORIGINAL Will for you in our safe custody at no extra cost
  • You cannot cater for every eventuality, thus it is better to keep it simple and up-to-date as your circumstances change