Offshore Investing and the Probate Risk

Ruvan J Grobler • July 1, 2024

Many South African investors choose to invest directly offshore by physically moving capital offshore through their annual allowances (R10 million foreign capital allowance and a R1 million single discretionary allowance).


This is done for diversification or financial planning needs and can be full of pitfalls. One of these risks in offshore investing is probate. Offshore probate refers to the process of applying for the right to deal with a deceased investor’s foreign assets and proving their will as a valid legal document in the foreign jurisdiction.


There are legislative differences in all jurisdictions and will most certainly provide complications on the investor’s death. Effectively there would be a deceased estate in the foreign jurisdiction and in South Africa. This could also imply that executor’s fees would apply in South Africa and the equivalent thereof in the offshore jurisdiction where it may not be as regulated and capped as in South Africa.


If probate applies in the jurisdiction, the investor will need a will that will be legally considered in that jurisdiction and specifically mentions and gives instruction on the proceeds of the assets. This can typically make the already longwinded process even longer and leave dependents without access to assets.


How can you avoid probate? Here are two options:


  • Use an open-ended structure where the foreign assets are held by a local nominee company.
  • Use a “wrapped” structure like a sinking fund or endowment policy where beneficiaries can be nominated.


There are major differences between these two structures regarding tax and liquidity, making it very important to do effective financial planning around these variables.


These structures are carefully designed with the specific jurisdictions in mind. If the requirements are met as set out by the product rules, the risk of probate may not apply. Importantly these structures provide a clear course of action on death and may give dependents access to capital if needed.


This does not serve as financial advice*


Ruvan J Grobler RFP™


April 29, 2026
Die woord “aftrede” is ‘n skrikwekkende woord wat jou maag laat rondtol. Wat bekommewekkend is die woordjie “stagnasie” – ‘n vrees wat met aftrede geassosieer kan word. Selfontwikkeling is nie ‘n luukse wat slegs vir sekere fases van ons lewenreis gereserveer is nie; dit is ‘n noodsaaklike en lewenslange proses wat die kwaliteit van ons menslike bestaan bepaal. In ‘n wêreld wat voortdurend verander – tegnologies, sosiaal en ekonomies – kan stilstand maklik tot agteruitgang lei. Miskien is selfontwikkeling juis te meer belangrik vir afgetredenes – dit is ‘n proses waardeer alledaagse betrokkenheid en sinvolle gesprek die waarde van jou menslike bestaan inderdaad bevestig, ondersteun en instand hou. Selfontwikkeling dra by tot persoonlike groei en selfkennis. Deur nuwe vaardighede aan te leer, kursusse te volg of bloot oor eie ervarings te reflekteer, leer jy jouself beter ken. Hierdie selfkennis help met beter besluitneming. Iemand wat byvoorbeeld besef dat hy/sy swak is in tydsbestuur, kan doelbewus strategieë ontwikkel om dit te verbeter. Vir jonger mense kan selfontwikkeling help in hulle beroepsloopbane. Deesdae met die spronge in tegnologie, is aanpasbaarheid vir nuwe uitdagings ‘n groot vereiste. Vaardighede wat vandag relevant is, kan môre verouderd wees. Deur voortdurend te leer en aan te pas, bly ‘n persoon mededingend en waardevol, spesifiek ook in jou werksomgewing. Die kern van selfontwikkeling lê in ingesteldheid. ‘n Mens moet nooit glo dat jy “klaar” is nie. Selfs op ‘n hoë ouderdom kan jy nuwe vaardighede aanleer, nuwe perspektiewe ontdek en nuwe verhoudinge bou. Hierdie ingesteldheid verhoed byvoorbeeld dat aftrede ‘n eindpunt word; dit maak dit eerder ‘n nuwe begin.  Wanneer ‘n mens stagneer, verloor jy nie net jou kreatiewe energie nie, maar ook jou vermoë om sin en betekenis in jou daaglikse bestaan te vind. Elke daad van groei is ‘n daad van vernuwing, en hou die gees jonk. Om te stagneer is om jou menswees te verwaarloos; om te groei is om jou menswees te eer. Selfontwikkeling hou die vlam van betekenis aan die brand, en dit is die vlam wat die mens se lewensreis tot die einde toe verlig. Geksryf deur Koos van die Waterberge vir Bovest
By Ruvan J Grobler March 31, 2026
In a quiet corner of a garden, a tiny egg rested beneath a leaf, unnoticed by the world. In time, it hatched into a caterpillar—small, vulnerable, and endlessly hungry. Day after day, it consumed everything in its path, growing rapidly but remaining earthbound, exposed to every passing threat. Then, without warning, it stopped. It found a still place, attached itself to a branch, and formed a chrysalis. From the outside, it looked lifeless—fragile, even pointless. To an observer, it might have seemed like the end of its journey. But inside, everything was changing. The caterpillar was breaking down completely, dissolving into something unrecognizable before slowly rebuilding itself into something entirely new. Time passed. When the chrysalis finally opened, the creature that emerged was no longer confined to the ground. Its wings were soft at first, uncertain. It struggled, pushing fluid through them, strengthening them with effort. Only after this resistance could it take flight. And when it did, it soared—no longer bound by the limitations of its former life but shaped by every stage that came before. It’s been six years since humanity’s last global threat, the Covid pandemic. A lot has changed, but we as people have not. Just as the butterfly in the story above goes through its cycle the global economy does too. But the butterfly does not know its going through this cycle, its merely following its path. We are very aware of the cycle as it has an effect on our every day lives especially on our finances. But just as the butterfly follows its path, we do too. Focus on what you can control. We often stress the issues out of our own control and isn’t exclusive to finances. Not a single person reading this article has any control of the global economy and the current conflict in the Middle East. None of us also knew exactly when it would happen and when it is going to end. Don’t get me wrong, I too struggle to manage my thoughts and emotions when we go through the tough parts. Shifting the focus towards finances; except for being in control of how you earn an income, the only other factor you can control is your spending. Stick to your budget! Never stop investing! Stay disciplined! Crisis Asset Allocation I get many questions on what we are doing to manage risk and potential losses. This is where financial planning becomes extremely important. Every single investment in your portfolio is linked to a need or a goal, not just any goal but a time-based goal. This specific time horizon has influenced the type of assets bought in order to reach these goals. The longer away the goal, the more risk is taken and vice versa. Investments where liquidity is needed will be affected much less than a long-term share portfolio. More liquidity, less risk. Meaning that if you need cashflow you should not be worried as the asset exposure will be less affected. Retirement products will have exposure to many different assets where there are conservative assets to provide protection in the short-term. The growth asset exposure that may be volatile now is the part that gives you the long-term inflation beating returns. During this part of the cycle certain assets have become less desirable and opportunities have popped up elsewhere. All portfolios are monitored to make sure that the original mandate is followed, and the investment goal is reached at the end of the applicable term. All asset managers have started to make asset allocation changes to match the changing of the cycle and the Bovest investment committee has also done so. Is it time to sell and move to cash? In short, no. We don’t know when markets will turn and no one else either. Historically in these crises it takes on average around two weeks to reach the bottom of the market and then more than a month to recover. This does create many buying opportunities for asset managers but also for you as investor. Warren Buffet always says, "Be fearful when others are greedy and greedy when others are fearful" . This is the time to buy assets on “sale”, don’t sell them. Getting out of the market is the biggest risk, this is where investors lose money. Stick to the plan and stay patient, you will be rewarded. Ruvan J Grobler RFP™ (PGDip Financial Planning)