Emigrating from South Africa requires careful financial and legal planning. While most attention is often on visas, tax residency, and settling into a new country, it is equally important to consider what will happen to your South African assets after death and how they will be transferred to your beneficiaries.
Many South Africans who have permanently relocated abroad continue to hold assets in South Africa. These may include holiday homes, investment properties, business interests, shares, or other movable assets. Including these in your South African estate planning ensures your wishes are respected, your beneficiaries are supported, and unnecessary delays in the administration of deceased estates are avoided. For expats, this often forms part of cross-border estate planning and offshore asset protection strategies.
Top three takeaways for expats on cross-border estate planning
- South African assets remain part of your estate. Even as a non-resident, property, investments, and other assets in South Africa are still subject to local estate administration. They must be reported to the Master of the High Court, and a qualified executor must be appointed to manage the estate’s winding-up in South Africa.
- A South African-compliant will is essential. The importance of a will cannot be overstated. Proper drafting of your will in line with the South African Wills Act ensures your assets are distributed according to your wishes and prevents delays or disputes. Without a valid will, the transfer of property after death in South Africa will follow the rules of intestate succession under South African inheritance law.
- Cross-border planning protects your beneficiaries. Many expats hold multiple wills, including an offshore will for assets in their new country of residence. Coordinating these as part of cross-border estate planning reduces the risk of conflicts and ensures smooth administration.
Offshore estate planning: why South African assets still matter
Many emigrants assume that leaving South Africa removes all local obligations. In reality, South African assets owned by a non-resident remain part of a South African estate. On death, these assets must be administered locally, reported to the Master of the High Court, and an executor appointed.
Without proper planning, your estate could face delays, additional costs, or disputes among beneficiaries. Having a valid South African will is essential to ensure your assets are distributed smoothly and according to your wishes.
Read more: Wills and estate planning for expats – protecting your offshore assets.
The role of a South African executor
Most South Africans are familiar with the concept of probate abroad: an administrator or executor oversees the estate and distributes assets to beneficiaries. South Africa operates similarly. Even if you are a non-resident, your South African estate must be administered locally through the Master of the High Court.
Careful planning ensures your South African executor can act efficiently when winding up your estate. This becomes especially important if you also hold assets in other countries, as coordinating multiple estates can be complex without clear instructions.
Read more: Need to appoint an executor in SA? Expats, let’s talk about fees!
Estate planning for expats: multiple wills across jurisdictions
Many emigrants maintain more than one will: one for South African assets and an offshore will for assets in their country of residence. These must complement each other to avoid conflicts. Proper planning ensures compliance with the South African Wills Act and integrates seamlessly into your cross-border estate planning strategy.
Read more: Cross-border wills – what every South African emigrant needs to know.
Estate duty and tax considerations
South Africa levies estate duty on assets located in the country, even for non-residents. Similarly, any capital gains realised on the disposal of South African immovable property by a non-resident are subject to South African capital gains tax.
Understanding these obligations is important. Proper planning can help minimise tax exposure and prevent unexpected liabilities for your beneficiaries. Structuring assets effectively across jurisdictions ensures that your estate is managed efficiently and cost-effectively.
Integrating your South African estate into a global plan
Effective estate planning goes beyond drafting a will. It involves integrating your South African assets into your broader global estate plan. This may include:
- Deciding whether to retain or liquidate property in South Africa
- Considering trusts or other structures for efficient transfer
- Aligning tax obligations across countries
A well-integrated estate plan provides clarity, reduces risk, and ensures your beneficiaries receive your assets as intended.
Read more: Protecting your assets and beneficiaries with a trust in South Africa: advice for expats.
How FinGlobal can help
We specialise in advisory and planning services for South Africans abroad. Our team consists of certified international financial planners, chartered accountants, tax specialists, and bankers providing expertise in all areas of cross-border finance. We’re ready to help you:
- Understand South African will requirements – ensuring your will covering South African assets is valid and compliant with legislation.
- Coordinate cross-border estate planning – guiding multiple wills and how to integrate assets in different jurisdictions.
- Plan for tax implications – offering advice on potential estate duty, capital gains tax, and other South African tax considerations.
- Structure your assets strategically – helping you evaluate options such as trusts, retention vs. liquidation of property, and other measures to protect your estate.
We also offer a comprehensive suite of cross-border financial solutions for South Africans, such as tax emigration, international money transfers, retirement annuity encashment and more.
By working with FinGlobal, you can ensure your South African assets are properly considered within your global estate plan to reduce risk, easing the process for your beneficiaries, and providing peace of mind, wherever you live in the world. Contact us today.