Don’t die in an
awkward position.
Don’t die without
a will.
Death catches most people unprepared – sometimes in awkward positions like mid-yoga, or on their backswing in a lightning storm. But the most awkward position of all, is dying without a will, leaving your loved ones with chaos and drama. Let us help you get your will drafted today.
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
pm*
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 estate administration?
Estate administration is the process whereby a person’s assets are either redeemed/transferred and their outstanding debts and taxes settled. The balance of their assets is then transferred to the beneficiaries of their estate, either in terms of their will (if they had a valid will in place, when they passed away), or in terms of the Law of Intestate Succession (if they passed away without a will).
What happens if parents die without a will?
When both parents (a child's natural guardians) die at the same time without a will, the Intestate Succession Act No 81 of 1987 comes into force and the assets from both of their estates are monetised and paid into the Guardian’s Fund which will administer the children’s inheritance until they turn 18, and their inheritances will be distributed per stirpes and by representation. The Master of the High Court will also appoint guardians for minor children. If, however, the children are older than 18, the collective estate of the parents will be distributed to them per stirpes and by representation.
What are the benefits of a trust?
Trusts are powerful and versatile ways to safeguard your assets and ensure the seamless distribution of wealth according to your wishes. There are different types of trust options available, each with its own benefits. From living trusts that offer the opportunity for asset management during your lifetime, to testamentary trusts that come into effect upon your passing, understanding the different types is essential to optimise your estate planning and providing for your loved ones.Asset protection and managementProtecting and managing your assets through trusts offers significant benefits if you want to secure your wealth and minimise estate tax liabilities. One major benefit is that you can keep the value of your assets in your personal estate steady while still letting them grow.Tax planning and reductionTrusts provide opportunities for estate duty reduction. In South Africa, assets held in a trust are not considered part of the deceased individual’s estate, potentially reducing the estate duty liability. Through careful estate planning, individuals can ensure that their assets are transferred to beneficiaries while minimising tax implications. Certain types of trusts qualify for specific tax benefits, deductions, or exemptions.For example, one of the advantages of a testamentary trusts is that it can be structured to optimise tax planning. These trusts have their own tax rates, which can be advantageous for income distribution among beneficiaries.Protecting beneficiaries with special needsTrusts play a crucial role in protecting beneficiaries with special needs. If you have a child or dependent who is unable to manage their financial affairs due to a disability, you can establish a Special Trust Type A. This is designed for parents who want to ensure the care and financial well-being of their special needs child upon the parent’s passing. NB. Special Trust Type A should be registered exclusively for the welfare of a beneficiary who has a permanent mental or physical disability.One way to protect the inheritance of a dependent with special needs is with a provider’s trust. This holds all the assets in your estate and allocates them to care for your special needs dependent. Appointing professional trustees or trusted individuals ensures proper management and adherence to your wishes.When establishing a special trust, it is essential to consider the fees associated with trusteeship. Some institutions charge upfront fees, but Capital Legacy, for example, offers a more affordable option with an annual fee of 0.75% on the capital.Control over inheritance distributionBy having a valid will in place, individuals can designate specific beneficiaries, determine the assets they will receive, and impose conditions or requirements for inheritance. However, trusts offer even greater control and flexibility, where individuals can dictate when and how assets should be distributed to beneficiaries. Trustees can be appointed to manage and distribute assets according to the testator’s instructions, ensuring that the distribution aligns with their intentions.Contact us to receive expert advice on the all the advantages a trust, and which type would best suit your needs.
What is accidental (implied or tacit) revocation of wills?
The simplest method of revoking a will is by validly executing a further will or codicil. A clear way of doing this is by including a revocation clause in the later will. For example, at the outset of the new will, it could simply state: 'I revoke all former wills and testamentary dispositions and declare this to be my last will and testament.' This simple clause will revoke all previous wills and codicils. But it might present problems when acquiring foreign assets in countries that do not have freedom of testation. As we have in South Africa, this simply means that the testator may leave his estate to whomever they want to. In some countries, e.g. France, the principle of forced heirship applies. Under these laws children are prioritised over spouses. Why should this be a problem? Let's assume a South African buys a property in France. He then draws up another last will and testament to leave the property in France and his properties in South Africa to his wife. But the property in France might end up going to his children, because France’s laws prioritise children over spouses. How could this happen? Simply because the last will and testament is subject to the laws of the country where the asset is situated. That part of the testator’s will is therefore accidentally revoked.
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 if an estate is not settled?
If an estate has a shortfall, the executor will either sell some assets to meet the financial requirements, or the heirs could pay the shortfall to preserve the assets, so that assets such as property can be transferred to them. However, an estate that does not have sufficient assets to cover outstanding debt, will be declared insolvent and then the beneficiaries will not inherit.
Not to brag, but we're kinda good at what we do.
Don't take our word for it though...