Why You Need Separate Wills for Your Assets in South Africa and England

When life spans more than one country, so do our assets — and often, our legal complications. Many South Africans today have property, investments, or bank accounts in England or the broader UK. It’s a positive reflection of a global lifestyle, but it also introduces a challenge: how do you ensure your wishes are respected across different legal systems when you pass away?

At Benaters, we’ve seen this scenario many times. A will drafted in one country may not always translate neatly into another. That’s why, if you have assets in both South Africa and England, it’s usually best to have separate wills — one for each jurisdiction.

Different Countries, Different Laws

South Africa and England each have their own rules for wills, estates, and trusts. In South Africa, succession is governed by the Wills Act, Intestate Succession Act and Administration of Estates Act and overseen by the Master of the High Court. England, however, applies its own legislation and probate procedures through its courts.

Even something as simple as the word 'trust' can carry a different legal meaning between the two countries. A will that uses English legal terms or is structured according to English practice may not always align with South African interpretation and requirements — and vice versa.

Having separate wills drafted by legal professionals in each country ensures that each document complies with local law and will be accepted by the relevant authority.

Avoiding Delays and Probate Complications

When you have only one will covering multiple jurisdictions, the executor in one country often cannot act until probate is granted in another. That means your South African heirs could be forced to wait months — or even years — while the English estate is being processed.

Separate wills allow each estate to be administered independently and simultaneously, speeding up the process and avoiding cross-border administrative red tape.

Preventing Conflicts Between Executors

Different executors may be required for different jurisdictions. If one will covers both South African and English assets, it can create confusion about who has authority where — especially if the document’s wording doesn’t align with local formalities.

Separate wills remove that uncertainty. Each executor deals with the assets in their respective country, under the law that governs those assets.

Protecting Your Loved Ones from Unintended Consequences

A will drafted under English law might include concepts that simply don’t exist under South African law — such as trusteeship arrangements, tax implications, or testamentary restrictions. The reverse is also true.

If your single, global will isn’t properly recognised in one jurisdiction, your loved ones may face expensive legal processes, delays, and even the risk of partial intestacy. Separate wills ensure that nothing falls through the cracks.

Ensuring Tax Efficiency and Compliance

Estate duties, inheritance taxes, and reporting obligations differ between South Africa and the UK. A well-drafted South African will can consider estate duty and capital gains tax in South Africa, while a UK will can manage the Inheritance Tax implications there. Handled together but drafted separately, the two wills can work in harmony — each optimised for its own tax environment.

Coordination Is Key

Separate wills should never contradict each other. Your South African and English attorneys must work together to ensure that one will doesn’t revoke the other. The usual approach is to include a clause in each will that limits its application to assets within that specific jurisdiction.

At Benaters, we regularly collaborate with UK-based lawyers to ensure both wills align perfectly — giving our clients peace of mind that every asset is properly accounted for.

Final Thoughts

Global lives require local precision. Having two wills — one for South Africa and one for England — isn’t overcomplicating things; it’s simplifying them. It ensures that your estate is managed efficiently, legally, and in accordance with your exact wishes, no matter where your assets are located.

At Benaters, we focus exclusively on South African law. If you have assets abroad, we can work alongside your foreign legal representatives to ensure your South African will fits seamlessly into your overall estate plan.

Need Guidance?

If you own property, shares, or bank accounts in more than one country, it’s worth reviewing your estate plan today. Speak to our team to make sure your South African will is secure, compliant, and coordinated with your international arrangements.