Estate planning is the process of organising your legal, financial, and personal affairs so that your assets are managed and distributed according to your wishes during your lifetime and after your death.
In simple terms, it answers questions like:
• Who gets what?
• Who makes decisions for me if I can’t?
• How can I reduce disputes, delays, and unnecessary costs?
Key components of estate planning
1. Will
Sets out how your assets are distributed after death and who will administer your estate (the executor).
2. Powers of Attorney
Appoint someone to manage your financial and legal affairs if you lose capacity.
3. Advance Care Directive (or Living Will)
Records your wishes about medical treatment and end-of-life care if you cannot communicate them.
4. Superannuation and insurance nominations
Ensures these benefits go to the intended beneficiaries (often outside the Will).
5. Trusts and business succession planning (if applicable)
Protects assets, provides for minors or dependants, and ensures continuity of a business.
6. Tax and asset-protection strategies
Helps minimise taxes, protect assets from creditors, and avoid unnecessary estate costs.
Why estate planning is important
• Ensures your wishes are followed
• Reduces family conflict and legal disputes
• Protects vulnerable beneficiaries (children, dependants)
• Avoids delays and extra costs in administering your estate
• Provides clarity and peace of mind
Without estate planning
If you die without a Will (intestate), the law—not you—decides how your estate is distributed, which may not reflect your intentions.
1. Will (essential)
A valid SA Will must:
• Be in writing
• Be signed by you
• Be witnessed by two witnesses present at the same time (not beneficiaries)
Your Will should clearly deal with:
• Appointment of an executor
• Distribution of assets
• Guardianship of minor children
• Trusts (if needed)
If you die without a Will, SA intestacy laws apply, which can result in:
• Assets being split in a way you did not intend
• Delays and higher costs
• Family disputes
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2. Enduring Power of Attorney (EPA)
Allows a trusted person to manage your financial and legal affairs if you lose capacity.
In SA:
• Must be in the prescribed form
• Must be signed before an authorised witness
• Can operate immediately or only upon incapacity
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3. Advance Care Directive (ACD)
This is unique and very important in SA.
It allows you to:
• Appoint a Substitute Decision-Maker
• Record your wishes about medical treatment, accommodation, and personal matters
• Give legally binding instructions to doctors
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4. Superannuation (often overlooked)
Super does not automatically form part of your estate.
You should:
• Make a Binding Death Benefit Nomination
• Ensure it aligns with your Will
• Review regularly
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5. Family Provision claims
Even with a Will, certain people (spouse, children, dependants) can make a claim if they believe they were not adequately provided for.
Proper estate planning:
• Reduces the risk of claims
• Strengthens the Will against challenges
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6. Trusts and asset protection (where relevant)
Useful if you have:
• Minor children
• Blended families
• A business
• Significant assets
• Beneficiaries with disabilities or vulnerabilities
Let us help you to organise your legal, financial, and personal affairs so that your assets are managed and distributed according to your wishes.