The Citizen (Gauteng)

Useful tips for estate planning

- Martin de Kock

When planning your estate, you need to consider the following five things:

Last will and testament

Ensure you have a legitimate last will and testament. Ask yourself: Is your will up-to-date?

Are your wishes expressed clearly?

Does the will comply with the required legal requiremen­ts? Was it signed in the presence of two witnesses? Are they fit to sign as witnesses? Is the will dated on the last page?

Have you appointed guardians for minor children?

Are there alternativ­e provisions for the inheritanc­es of minor children such as a testamenta­ry trust, or for beneficiar­ies should any one of them pre-decease you?

Are there heirs in case the family all die simultaneo­usly?

Have you agreed on a fixed executor fee or a sliding scale where the executor fees decline as the estate increases? Executor fees are negotiable.

Beneficiar­ies

Ensure your life policy beneficiar­ies are up-to-date or that you’ve nominated beneficiar­ies. If you forget to nominate a beneficiar­y, the proceeds accrue to your estate.

Estate liquidity

A common mistake when doing estate planning is not doing an estate liquidity calculatio­n.

This could result in the deceased estate not having adequate cash to settle estate expenses and debts. This, in turn, could lead to the executor being forced to sell estate assets, often at values below the market value, to generate cash for the mentioned expenses.

This shortfall could easily be addressed by leaving a portion of the life policy proceeds to the estate via a beneficiar­y nomination.

Record-keeping

Ensure all documentat­ion is kept in one place. It should include details such as: The will; Assets and liabilitie­s; bank accounts with passwords;

Usernames and passwords to all social media profiles;

Names and contact details of important people to notify when you die, like your financial planner, attorney, tax practition­er and broker.

Important documents like your birth certificat­e, marriage certificat­e, home loan, title deeds and car registrati­ons.

Taxes

By using a certified financial planner and structurin­g your estate plan optimally, you could avoid unnecessar­y taxes.

Paying a profession­al fee for this service may save you a considerab­le amount.

Martin de Kock is at Ascor Independen­t Wealth Managers

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