By Ruvan J Grobler
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October 3, 2025
In many instances, spouses choose to bequeath their whole estate to each other and the surviving spouse will look after the children. This is also good estate planning. But what will happen to the children and assets should both parents pass away? Underage children can inherit these assets but should be managed through a testamentary trust. A short video summary of the below can be watched here: https://www.instagram.com/reel/DPOqkx3DP1S/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== What Is a Testamentary Trust? A testamentary trust is a legal entity created in terms of a person’s Will, which only comes into effect upon their death. Unlike inter vivos trusts, it is not operational during the testator’s lifetime. The Will serves as the trust instrument, and the testator is the founder. How Is It Created? Drafting the Will: The Will must clearly state the intention to create a trust, name the beneficiaries, identify the assets to be placed in trust, and outline the terms and conditions. Activation: Upon death, the nominated trustees apply to the Master of the High Court for Letters of Authority to manage the trust. Trustees: It’s advisable to appoint at least one independent trustee with fiduciary expertise to ensure proper governance. Why Should Clients Consider It? Protection for Minor Children: Minors cannot legally inherit until age 18. A testamentary trust ensures their inheritance is managed responsibly until they reach maturity. Special Needs Planning: A Type A Special Trust offers tax-efficient support for beneficiaries with disabilities. Asset Preservation: Prevents reckless spending by beneficiaries. Trustees manage and distribute assets according to the testator’s wishes. Managing Indivisible Assets: Useful for assets like farms or holiday homes that cannot be easily split among heirs. Tax Efficiency: Testamentary trusts may offer tax advantages, especially in the case of special trusts. Important Considerations Validity of the Will: If the Will is invalid, the trust cannot be established. Professional drafting is essential. Trustee Selection: Trustees must be trustworthy, capable, and ideally include an independent party to avoid conflicts. Costs & Complexity: Testamentary trusts involve legal and administrative costs. Clients should be made aware of ongoing compliance and management responsibilities. Family Dynamics: Clear communication and transparency in the Will can help prevent disputes among beneficiaries. Contact me at ruvan@bovest.co.za for more information. Ruvan J Grobler RFP™ (PGDip Financial Planning)