Why Cross-Border Estate Plans Fail — Even When You Have More Than One Will
When “Doing the Right Thing” Still Goes Wrong
Many South Africans with offshore assets believe they’ve done everything correctly.
They’ve:
Drafted more than one will
Worked with professionals in different countries
Put structures in place for property, investments, or family abroad
And yet, when death occurs, their families still face delays, disputes, and administrative dead ends.
You see, cross-border estate planning doesn’t fail because people ignore advice.
It fails because coordination is misunderstood — and execution is underestimated.
The Hidden Gap Between Planning and Administration
On paper, an estate plan can look perfectly sound.
In reality, once someone passes away, that plan must survive:
Multiple legal systems
Different authorities
Separate executors
Conflicting procedural rules
This is where many estates unravel — not because the wills exist, but because they don’t work together in practice.
Where Cross-Border Estate Plans Commonly Break Down
1. Executors Who Cannot Act Together
It’s common for different executors to be appointed in different jurisdictions. Problems arise when:
Executors are unaware of each other’s roles
One executor cannot obtain information from another
Foreign timelines conflict with South African requirements
This creates delays, duplicated costs, and frustration for beneficiaries.
2. Asset Disclosure Mismatches
In South Africa, all assets — including foreign ones — must be disclosed during estate administration.
Difficulties arise when:
Foreign assets are administered separately but not reported properly
Valuations differ across jurisdictions
Exchange rate timing creates discrepancies
This complicates the liquidation and distribution process and invites scrutiny.
3. Documentation That Looks Valid — Until It’s Tested
Families are often surprised to learn that:
Foreign death certificates may not be accepted locally without authentication
Apostille requirements delay authority being granted
Translations must meet strict standards
Until these issues are resolved, executors cannot act — even when the estate plan itself is sound.
4. Timing Conflicts Between Jurisdictions
Some countries move quickly. Others do not.
South African estate administration cannot always be finalised while:
Foreign assets remain unresolved
Overseas sales are delayed
External tax clearances are outstanding
This leaves estates partially frozen — sometimes for years.
Why This Is So Hard on Families
From a legal perspective, these are procedural issues.
From a family perspective, they are deeply personal.
Beneficiaries experience:
Financial uncertainty
Emotional strain
Conflict between siblings in different countries
Loss of trust in a system they believed was “sorted”
We understand this. And we see it often.
Cross-Border Estate Planning Is Not About Documents Alone
This is the critical point many people miss.
A successful cross-border estate plan requires:
Documents that are legally valid
Executors who can act effectively
Processes that align across jurisdictions
Professional oversight during administration
Without all four, even a well-drafted plan can fail.
The Benaters Approach
We believe in family. Yours and ours.
That means looking beyond will drafting alone and focusing on:
How an estate will actually be administered
Whether executors can perform their duties
Whether delays and disputes can be avoided
Whether your family will be protected when it matters most
Doing things properly is not about having more paperwork.
It’s about having the right structure, correctly coordinated.
Let’s Talk
If you already have more than one will — or you’re unsure whether your existing estate plan will work in practice — let’s talk.
We help South African families identify weak points before they become crises, and ensure cross-border estate plans function when they are needed most.
Your family deserves clarity, not complications.