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Estate Planning
I have been told that I should not divide my assets equally amongst my family? Why?

This is good advice, the reason for this is that if assets are equally divided amounts your beneficiaries, it will certainly cause a family quarrel. One person could insist that the other members buy them out of the various assets, and if the other beneficiaries do not have enough available cash, a forced sale could be imminent. If this is the case, if could be during bad economic times when the selling price will have to be reduced to fair if not below market value in order to sell the asset. I would advise that you structure the beneficiaries of your assets in such a way that each will be entitled to their own asset and then they can do with it as they please, without negatively impacting on the other beneficiaries of your estate.

We have just had a baby, what do I need to do to ensure that my child will be looked after if I die?

With a new baby, it is important for both parents to have up-to-date wills. Youll need to decide on and designate a legal guardian stipulated in your will a person you both choose to raise your child in the event of an unexpected tragedy.

You may also wish to set up a trust for your child and name trustees separate from your chosen guardian. Through a trust, you can ensure your estate is paid out to your child according to your wishes. Among other things, trusts can be used to:

  • Shield assets from potential creditors
  • Preserve assets for minor children until they are of age
  • Create a pool of investments that can be managed by professional money managers, known as trustees
Trusts can be very useful financial tools and you should discuss their pros and cons with an accredited financial adviser. But keep in mind, they can be expensive to set up and maintain and there are some other disadvantages that may affect you, as well.

What is the difference between a Testamentary and an Inter Vivos Trust?

Inter Vivos Trusts are established while you are alive, and a testamentary trust is established on your death through your will.

Trusts serve a specific purpose in estate planning, and that is to ensure continuity and protection of an asset. This comes at a price of maximum Income Tax and Capital Gains Tax, so trusts need to be used correctly to be effective. On a joint estate exceeding R7 million, an inter vivos trust can become useful to minimise if not eradicate estate duty which is currently levied at 20%.

If you do have an inter vivos trust, then make sure that you and your spouse use your donations tax exemption and donate R100 000 each - per year to your trust to reduce the value on your personal estate.

I have a will in place, which specifies who my beneficiaries are on each of my insurance policies; do I need to change beneficiaries with the insurance companies as well?

Yes. Insurance companies make payments to the nominated beneficiaries on the policy, and not to the beneficiary mentioned in a will, even if the will has been updated after the beneficiaries have been nominated with the insurance companies. To ensure that the correct people receive the payouts from the various insurance companies, check who the nominated beneficiaries are on each of your policies and contact either the company, your financial advisor, or even Finlogic, so that we can assist you in changing your beneficiaries if necessary.

What is Estate Duty?

Estate Duy is a tax which is levied on your total net estate. This is your gross assets, less your liabilities, abatements and exemptions, and the remaining value over R3.5 million will be taxed at a flat 20% rate. However if you have a spouse (this could be the person you are legally or traditionally married to, or even a person you have a permanent relationship with) there is a clause in the estate duty act, that permits that anything you leave to your spouse is given as a 4q deduction, removing this value from your estate, and transferred free of estate duty to your spouse. If you did not use any of your R3,5 million abatement, then your full R3.5 million rand which is not estate dutiable not rolls over to your spouse, and only on their death is estate duty payable on both estates. This gives spouses a R7 million value which will be free of estate duty. Any amounts exceeding this, will then be taxed at 20%. Also remember that on death Capital Gains Tax (CGT) is also levied based on the deceaseds marginal tax rate. However in the year of death there is a R120 000 exemption on CGT which is granted.

Please could I have some advice on what to do if my spouse dies?

The death of a spouse is a traumatic experience that not only has major emotional but also financial implications.

A sound financial strategy is imperative to minimise financial worries and burdens and to allow you to grieve and heal.

Professionals to contact.

It is important to seek professional advice to help deal with the copious legal requirements and the mountains of paperwork. You should contact the following professionals:

  • Your attorney to review your spouse's will and to begin the proceedings needed to wind up the estate
  • The funeral director to obtain copies of the death certificate
  • Your financial adviser to assist you in submitting life assurance claims and to help you put in place your future financial strategy

Covering immediate expenses

There will be a number of immediate expenses that will have to be paid. Funeral expenses, perhaps medical bills and outstanding accounts accrued by your spouse may add up to a substantial amount. If you and your spouse had in place a proper financial plan that takes into account medical expenses and funeral costs, your insurance policies will cover those charges.

Life insurance claims are usually settled very quickly and if you are listed as the policy beneficiary you will have cash to settle immediate expenses. However, if your spouse's estate is listed as being the beneficiary the process is a lot more involved and you may have to make other arrangements.

Some options could include using a credit card, taking a personal loan, accessing money from your bond etc. But if the truth be told, do the planning properly, in partnership with your financial adviser, before one of the partners dies and all of those hassles will be avoided.

Life Insurance Claims

You must formally file a life insurance claim. It is not an automatic procedure. Contact your financial adviser so he/she can assist you.

You should also check:

  • If your spouse had insurance through his employer. Many companies offer a group life insurance benefit
  • Accidental death. Your spouse may have this cover from an employer, credit card, or bank. You may be unaware of this policy, as it can be offered as part of a loan package or issued as a free benefit by banks, or as a rider to an employer-issued insurance policy. Check with the employer, bank or insurance company
  • Mortgage Bond protection insurance. This is a life insurance policy that pays off the balance of the amount outstanding on a mortgage bond. Contact your mortgage provider or financial adviser
  • Travel Insurance. If your spouse was killed while travelling by air, boat, or train, there could be benefits from a policy purchased when buying the tickets. If the tickets were purchased using a credit card you may be entitled to a benefit if he or she died as a result of an accident while using those tickets
  • Credit life. In many instances institutions providing credit offer insurance that covers the outstanding debt in the event of death. A small amount is added to each monthly repayment to cover the cost of the premium. Check with the credit provider to see if this option was in place
  • It cannot be stressed enough: it is much easier to handle the process if the ground-work is done before the death of a spouse and if proper planning is done and up-to-date records are kept

NOTE
Retirement funds are exempt from Estate Duty.
This latest development will allow a person to be able to use Retirement Annuities as a vehicle to remove money from their estate. If the amount was not an allowable tax deduction, then the proceeds can be paid to the beneficiaries (as long as they are the dependents, or that there are no other dependents) either as a tax free lump sum alternatively they could chose to take income from these funds.

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