Have you just learned of an inheritance from South Africa while living abroad? The process may seem daunting, but knowing each step can equip you to handle it confidently.
Whether you’re a South African expat or someone with family ties to South Africa, this guide breaks down exactly how to claim and transfer your South African inheritance to your new country of residence.
South African inheritance: Understanding your options as an overseas beneficiary
When you inherit from a South African estate while living abroad, your approach depends largely on your tax residency status. Here’s what you need to know:
For South African tax residents living abroad
If you’re still considered a South African tax resident, you can access your annual transfer allowances:
- Single Discretionary Allowance: R1 million per calendar year (no tax clearance required)
- Foreign Capital Allowance: R10 million per calendar year (requires Application for International Transfer from SARS)
For South African tax non-residents
Good news—if you’ve completed tax emigration and are officially a non-resident, inheritances are freely transferable. You won’t need to use your annual allowances, and the funds can be transferred directly to your overseas account.
Claiming your South African inheritance: The step-by-step process
Step 1: Confirm the estate administration
You or the estate executor must properly wind up the South African estate before any transfers can happen. This process includes:
- Reporting the death to the Master of the High Court
- Obtaining a Letter of Executorship or Authority
- Settling all debts and taxes
- Getting the Liquidation and Distribution Account approved
Step 2: Open a South African bank account
Here’s a crucial point many overseas beneficiaries miss: all inheritance funds must first be deposited into a South African bank account in your name. You cannot receive the inheritance directly into an overseas account.
As a non-resident, you’ll need to provide:
- Valid passport
- Proof of your current address
- Three months of bank statements from your current country
- Proof of income
Step 3: Gather required documentation
To transfer your inheritance abroad, you’ll need:
- Certified copy of your ID or passport
- Proof of your banking details overseas
- Evidence of your non-resident status (if applicable)
- Tax Clearance Certificate for the deceased estate
- The Liquidation and Distribution Account with the Master of the High Court, reference number
Step 4: Navigate Exchange Control requirements
Even after you settle the estate, South African exchange control regulations still apply. You or your representative must notify the South African Reserve Bank about any inheritance transfers to non-residents, and your bank will verify:
- The source of funds
- Your residency status
- That all tax obligations have been met
Common challenges with South African deceased estates and how to overcome them
Challenge 1: Delays in Estate Administration
South African estate administration can take anywhere from six months to several years. Be patient but stay proactive by maintaining regular contact with the estate’s executor.
Challenge 2: Exchange Control approval
Without proper documentation or if you haven’t formally tax emigrated, you might face delays or complications in getting approval to transfer funds. Having professional assistance can streamline this process significantly.
Challenge 3: Tax Compliance
Even if you don’t owe tax on the inheritance itself, the deceased estate must be tax-compliant before any distributions can be made.
What about tax implications?
Here’s some relief: South Africa doesn’t impose withholding tax on inheritances paid to non-residents. However, you may need to declare your inheritance in your current country of residence, depending on local tax laws.
The estate itself may be subject to:
- Estate duty (20% on amounts over R3.5 million, 25% over R30 million)
- Capital gains tax on deemed disposal of assets
- Income tax on any outstanding obligations
Transfer your South African inheritance overseas:
Cross-border inheritance claims involve multiple legal systems, tax jurisdictions, and regulatory requirements. Professional assistance can help you:
- Navigate complex documentation requirements
- Ensure compliance with both South African and international regulations
- Maximise your inheritance through favourable exchange rates
- Minimise delays and administrative hurdles
Take action on your South African inheritance
Claiming your South African inheritance from abroad doesn’t have to be a daunting process. With the right guidance and understanding of the requirements, you can successfully transfer your inheritance to your new country of residence.
The key is to start the process early, gather all necessary documentation, and work with specialists who understand both South African regulations and international requirements.
Ready to claim your South African inheritance? Professional cross-border financial specialists can guide you through every step of the process, ensuring you receive your inheritance efficiently and in compliance with all relevant regulations.