In an increasingly globalised world, it's common for South Africans to hold assets beyond local borders, whether in the form of overseas property, offshore investments, foreign bank accounts, or business interests. However, when it comes to estate planning, international assets add a layer of complexity that a single local will may not adequately address.

To ensure your legacy is protected across different countries and legal systems, it is essential to have two carefully coordinated wills: one for your South African assets and another specifically for your offshore assets. This strategy not only helps you navigate the legal requirements of each jurisdiction but also ensures your assets are distributed according to your wishes.

Local wills
A local will forms the foundation of any estate plan in South Africa, outlining your wishes for the distribution of your assets after death. In terms of the principle of freedom of testation, which is upheld in South African law, you have the right to leave your assets to whomever you choose, provided the disposition is lawful and is not contrary to public policy. 

Typically, a South African will cover all assets located within the country. While this is generally sufficient for local estates, it can lead to complications if you own assets abroad. In such cases, a standard local will may not be adequate. It is, therefore, advisable to have a separate offshore will specifically dealing with your assets held outside South Africa.

Owning foreign assets adds complexity, as different countries have different rules when it comes to inheritance, probate procedures, and taxation. If your will isn’t recognised in a foreign jurisdiction, or if it conflicts with that country’s laws, your estate could be distributed in a way you did not intend. For instance, if you own property in France or a bank account in Italy, you’ll be subject to legal systems where forced heirship applies. These laws require certain heirs, typically children and spouses, to inherit specific portions of your estate, regardless of what your will says. In such countries, having a separate offshore will become not only helpful but essential to ensure your estate is managed according to these local rules.

Offshore wills 
An offshore will is drafted in accordance with the laws of the country where your foreign assets are located. It ensures that your estate is distributed according to local legal requirements and helps make the administration of your estate smoother and faster. While a South African will may be recognised in some countries, many foreign jurisdictions require probate, which is a formal legal process in which a court validates the will and grants the executor the authority to administer the estate. This process can be time-consuming and complex. By having an offshore will tailored to the specific country, you can streamline probate proceedings, reduce delays, and avoid potential disputes, ensuring your assets are transferred efficiently to your beneficiaries.

Offshore wills are particularly useful when:

• You own immovable property in another country
• You have substantial foreign investments or bank accounts
• Your assets are in a jurisdiction with complex or differing inheritance laws
• You want to wind up your local and international estates simultaneously, saving time and reducing costs

Can one worldwide will work?
A worldwide will can be effective in covering both local and international assets, but only under certain conditions. It works best when your foreign assets are held in countries with inheritance laws similar to those of South Africa, making it easier for one will to govern your entire estate. When properly drafted to meet the legal requirements of each jurisdiction involved, a worldwide will can simplify your estate planning by eliminating the need for multiple wills and ensuring a smoother administration process across borders.

Having both a local and an offshore will offers several key advantages as each will is tailored to the specific laws and requirements of the relevant jurisdiction, ensuring that your estate is managed appropriately in each country. This targeted approach helps to speed up the estate administration process by reducing delays often caused by legal complexities or misunderstandings. Additionally, having separate wills can help avoid conflicts between different legal systems, minimising the risk of disputes and complications for your heirs. 

It is evident that your last will and testament is more than just a legal formality; it’s a crucial document that guides how your legacy is passed on. If you have international interests, planning with both local and offshore wills ensures that your estate is administered efficiently and your wishes are carried out as intended.

A well-crafted estate plan not only honours your legacy but also aligns with the legal requirements of each jurisdiction in which you hold assets. If you own property or investments in more than one country, it is essential to assess whether your existing will adequately addresses all aspects of your estate. In many instances, having both a local and an offshore will does not add complexity; it streamlines the process, ensuring that your estate is administered efficiently and in accordance with relevant laws. To determine whether this approach is appropriate for your circumstances, it is advisable to consult your estate planner, who can provide guidance and assist with drafting the necessary legal documents.



Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).