Is A South African Will Enforceable On Foreign Property Owned By SA Resident?

A South African client who owns property in Namibia and the UK, recently asked me what would happen to his offshore assets if he were to die while resident in South Africa.

Although all the worldwide assets of a South African resident are potentially taxable under the Estate Duty Act, there may be assets that are exempt, e.g. inherited offshore assets, or assets which a person owned before becoming resident in South Africa for the first time.

In addition to tax implications there are practical problems arising from owning property in different countries or jurisdictions: the rules applicable to the administration of a deceased estate differ.  In South Africa the Administration of Estates Act regulates the process, but different rules apply in other jurisdictions.

The solution to the smooth administration of an estate which includes foreign assets is to have a properly drawn up Will which deals with such assets, so that your Executor can give effect to your wishes for those assets.

The Will must comply with the legal requirements and inheritance rules of the specific country.  It should be in a language appropriate for that country.  An Afrikaans Will which needs to be translated into German before it can be used for your Swiss Estate will be a waste of both time and money.

Please contact Cluver Markotter’s Estate and Trust Department, should you have queries about whether you need to have a Will for more than one jurisdiction, or assistance with the drafting of your Wills.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)