Cross-Border Estate Planning: Protecting Your Assets Abroad

South Africans are increasingly global citizens. From investing in offshore property to holding foreign bank accounts, many of us now have assets spread across different countries. While this offers exciting opportunities, it also raises
an important question: how do you ensure that your wishes are respected everywhere when it comes to your estate?

Why Cross-Border Estate Planning Matters

Estate laws are not universal. A will that is perfectly valid in South Africa may not meet the formal requirements of another country. Some jurisdictions enforce forced heirship rules, others require specific signatures or witnesses, and many impose inheritance or estate taxes that South Africans may not anticipate.  

Without proper planning, this can result in:  
- Delays in transferring assets abroad;
- Disputes among heirs due to conflicting laws;  
- Unintended outcomes if your South African will is not recognised elsewhere.

The Case for Multiple Wills

A practical solution for individuals with assets abroad is to have separate wills tailored to each jurisdiction.
This ensures that:  
- Each will complies with the specific legal requirements of that country;
- Your estate can be administered more efficiently;
- There is less risk of one jurisdiction’s processes interfering with another.

It’s important, however, to coordinate these wills carefully. If not drafted correctly, one will could unintentionally revoke another. That’s why professional guidance is essential.  

Myths vs Reality: Clearing Up Confusion

Myth 1: One South African will covers everything.  
Reality: While a South African will may express your wishes, it may not be recognised in other countries. Separate wills are often required.  

Myth 2: Multiple wills always conflict with each other.  
Reality: If drafted by professionals who understand cross-border planning, multiple wills can work together seamlessly.  

Myth 3: Only the wealthy need cross-border estate planning.  
Reality: Anyone with even a modest asset abroad—a bank account, pension, or piece of property—should consider it.  

Myth 4: Once written, wills never need updating.  
Reality: Wills should be reviewed regularly, especially after life events like marriage, divorce, relocation, or acquiring new assets.  

Key Steps for Effective Planning

1. Identify all your assets – Make a list of where your property, bank accounts, and investments are located.  
2. Seek local expertise – Consult lawyers in each country where you hold assets.  
3. Draft tailored wills – Ensure each will complies with the jurisdiction it applies to.  
4. Coordinate with care – Keep your legal advisers informed so your wills work together, not against each other.  
5. Review regularly – Life events should trigger a review of your estate plan.  

Final Thoughts

Cross-border estate planning isn’t just for the wealthy—it’s for anyone with assets in more than one country. With careful preparation and the right advice, you can make sure your wishes are respected globally, your loved ones
are protected, and unnecessary delays and disputes are avoided.  

At Benaters, we help clients navigate these complexities with ease. Whether you own assets locally or abroad, we’ll ensure your estate plan is watertight, compliant, and aligned with your goals.