If something happens to you: protecting young children
When children are still small, a careful estate plan is mostly about people, not money. Who would raise them. Who would manage their inheritance until they are adults. How they would not become wards of the state.
What to think about now
If you have young children and no will, the Intestate Succession Act decides who inherits and a court process decides who cares for them. A simple, properly executed will avoids both.
- Pick a guardian who could realistically take on your children if both parents died together.
- Choose a back-up guardian in case your first choice is unable or unwilling.
- Consider how guardians of small children also need short-term cash to keep things stable in the first months.
- Look at any life cover you already have through your employer - it is often more than people realise.
Documents and decisions that matter most
A will that names guardians and creates a testamentary trust is the most important single document. Without one, a child's inheritance is paid into the Guardian's Fund administered by the Master of the High Court.
- Sign a will that names guardians and a back-up guardian for each child under 18.
- Establish a testamentary trust in the will to hold each child's share until a chosen age (commonly 21 or 25).
- Update beneficiary nominations on retirement funds and life policies so payouts can flow to dependants quickly.
- Record where the original will is held, and tell your nominated executor and guardians.
- Keep a short letter of wishes (separate from the will) describing values, schools, medical needs and routines.
Conversations to have
These are difficult conversations precisely because the chance of needing them is low. Having them once means everyone is prepared, even if the topic is never raised again.
- Ask your nominated guardian, in person, whether they would be willing.
- Talk to your spouse or co-parent about expectations for schooling, religion and contact with extended family.
- Tell the children's grandparents and trusted adults where to find the will and emergency contacts.
- Discuss with the guardian whether short-term living arrangements would mean a move (city, school, school fees).
Common South African pitfalls
Most parents of young children get one or more of these wrong. They are easy to fix.
- Naming a guardian without ever speaking to them first.
- Leaving an inheritance directly to a child rather than to a testamentary trust - the inheritance goes to the Guardian's Fund.
- Forgetting that guardians of young children need cash quickly; estate cash can take months.
- Not updating beneficiary nominations after a divorce, remarriage or new child.
- Underestimating school-fee inflation when sizing life cover or savings for dependants.
This pathway is provided for general education only. It is not legal, tax or financial advice. Speak to a qualified professional before acting on any of it.
Curated reading for parents of young children
A short, hand-picked list of guides from the resources hub that match this pathway.
Dying without a will: how intestate succession works in South Africa
If you die without a will, the Intestate Succession Act decides who inherits. Here is how the order of succession works for spouses, children, parents and siblings.
Read articleTrust vs will: which one do you actually need?
Trusts and wills do different jobs. Here is when a will is enough, when an inter vivos trust adds real value, and when a testamentary trust is the right tool.
Read articleLife cover, life assurance and funeral cover: the differences SA families miss
Life cover, life assurance and funeral cover sound the same and do completely different jobs. Here is the SA-specific breakdown of who needs each, and why.
Read articleEstate liquidity: why a wealthy estate can leave a cash-poor family
Estate duty, executor's fees, bond shortfalls and CGT all need cash before the estate can be wound up. Here is how SA families end up forced to sell, and how to plan for it.
Read articleSection 4A executor's fees: what South African estates actually pay
Understand how Section 4A of the Administration of Estates Act sets executor's remuneration, what the 3.5% statutory tariff really covers, and how heirs can negotiate.
Read articleQuiet next steps
None of these are urgent. Pick the one that fits where you are today, or come back to them when you are ready.