Estate planning is one of those tasks that is easy to postpone. There is always a reason to leave it for later: a busy year, a pending property sale, or simply the assumption that a will signed years ago is still good enough.

The problem is that family situations change, and South African law changes too. When a death, illness, or property dispute happens before those changes have been reflected in your documents, families are left dealing with uncertainty at the worst possible time.

For families in Knysna and the wider Garden Route, where property, retirement planning, and family trusts often form part of broader estate planning, getting the foundations right is essential. This article looks at what typically goes wrong in estate planning, and why it is worth reviewing your documents.

Estate planning is the process of arranging your affairs so that your wishes are dealt with clearly after your death or if you become unable to manage them yourself.

In South Africa, this generally includes:

• A valid, up-to-date will that says clearly who inherits what.
• An understanding of how your estate will actually be wound up and administered after your death.
• Any trusts you have created or benefit from, and how they are managed.
• Property registered in your name, in a trust, or in a company, and how ownership will pass on.
• Possible costs your estate may face, such as estate duty and executor's fees, and whether there is enough cash available to cover them.

A will is a snapshot of your circumstances at the time you signed it. Life moves on, but a will does not update itself.

Common life events that can make an existing will outdated include:

• Buying or selling property, including a move to a new area.
• Marriage, divorce, or remarriage.
• The birth of children or grandchildren.
• Starting a business or acquiring business interests.
• Creating a trust or being appointed as a trustee.
• The death of a person named as an executor, guardian, or beneficiary.

Under South African law, a will must meet specific formal requirements to be valid, including proper signing and witnessing under the Wills Act. A will that no longer reflects your circumstances, or that was drafted incorrectly, can lead to outcomes you did not intend.

A periodic will review, ideally every few years or after any major life event, helps confirm that the document still says what you want it to say.

For many families along the Garden Route, property is often the largest single asset in an estate. This can include a primary residence, a holiday home, a retirement unit, a smallholding, or rental property, sometimes held personally and sometimes held through a trust or company.

Two issues commonly arise:

• Liquidity. An estate needs enough cash to cover costs such as estate duty, executor's fees, and outstanding debts before assets can be transferred. If most of the value sits in property, the estate may not have enough liquid funds available, which can force a sale at an inconvenient time.
• Disagreement among heirs. When several family members inherit a jointly held property, disagreements about whether to keep, sell, or divide it can delay the administration of the estate significantly.

Estate planning should look beyond who inherits an asset and also consider how the estate will practically be wound up, including whether life cover or other liquid funds are needed to cover costs.

Trusts are a well-established estate and asset planning tool in South Africa, and need to be managed continuously.

Under the Trust Property Control Act, trustees have a legal duty to act with care, in good faith, and in the interests of the beneficiaries. In practice, this means:

• Trustees must keep proper records and hold trustee meetings.
• The trust deed should be reviewed periodically to confirm it still matches its original purpose.
• Trust assets should be kept separate from the personal assets of trustees or founders.
• Beneficiaries should understand what they are entitled to and when.

A trust that has been left unmanaged for years, or where the trust deed no longer matches the family's actual circumstances, often creates confusion for trustees and beneficiaries after a death. This is one of the more common sources of estate disputes.

Estate matters are personal. They involve family relationships, memories, financial responsibilities, and legal formalities all at once. When something does go wrong, whether it is an unclear will, a property dispute, or questions about how a trust should be managed, people usually need clear, practical advice rather than a lengthy legal process.

Julie Maynard, who works within the Estates Department at MPC Attorneys in Knysna, assists clients with the administration of deceased estates, drafting of wills, estate planning, the formation and management of trusts, and estate disputes and inheritance claims. Contact her.

Estate planning is not a once-off task, and it is not only about having a will in a drawer somewhere. It is an ongoing process of keeping your will, your property arrangements, and any trusts aligned with your actual circumstances. The families who avoid the most difficulty are usually the ones who reviewed their documents before a crisis forced the issue, not after.

If your will has not been reviewed in several years, if your family is dealing with a deceased estate, or if you are unsure whether your trust is still being managed correctly, it is worth having that conversation sooner rather than later.

1. Do I need to update my will after moving to a new town or province?

   Yes. While a move alone does not invalidate a will, it often coincides with other changes, such as new property ownership, that should be reflected in the document. A review after any major life change is recommended.

2. What happens if I die without a valid will in South Africa?

   If you die without a valid will, your estate is administered according to the rules of intestate succession under the Intestate Succession Act 81 of 1987, which sets out a fixed order of who inherits. This may not match what you would have chosen yourself.

3. Can a trust reduce estate duty in South Africa?

   Trusts can play a role in estate and tax planning, but the tax and estate duty treatment of a trust depends on how it was structured and how it has been managed. This is a specialist area, and advice should be obtained based on your specific trust deed and circumstances.

4. How often should a will be reviewed?

   There is no fixed legal requirement, but a general guideline is to review a will every three to five years, or immediately after a significant life event such as marriage, divorce, the birth of a child, or a major asset purchase.

5. Who is responsible for managing a trust after the founder's death?

   The appointed trustees remain responsible for managing the trust according to the trust deed and the Trust Property Control Act. The founder's death does not automatically end the trust unless the deed specifically provides for this.

Disclaimer: This article is the personal opinion/view of the author(s) and does not necessarily present the views of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken based on this content without further written confirmation by the author(s).