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™

Familie Finansiële Beplanning. Waarom?

By Dr. Riaan Botha • June 2, 2026
Die uitdrukking “Twee koppe is beter as een” is welbekend en dui daarop dat samewerking voordelig is. Is daar voordele vir lede van ’n familie wanneer hulle gesamentlik familie-finansiële beplanning doen, asook inkomstevoorsiening deur middel van familiebesighede? Familiebesighede in Suid-Afrika, waar gesamentlike finansiële beplanning plaasvind, is ’n belangrike deel van die ekonomie. Talle Afrikaanssprekendes is afkomstig van die platteland waar hulle in ’n familiebesigheidsomgewing op plase grootgeword het. Weens ’n verskeidenheid van redes verander die landbou-familiebesigheidsomgewing, en sommige van hierdie families verskuif hul familiesakebelange met groot sukses na ander sektore van die ekonomie. Entrepreneursvaardighede word egter benodig om vir jouself ’n inkomste te skep. Bovest is behulpsaam om die nodige entrepreneurskundigheid deur middel van die TV-program “Welvaartskeppers” aan die kykerspubliek bekend te stel. Bykomend hiertoe word finansiële advies aan families gegee om sodoende maksimum finansiële voordeel te verkry. Indien die voordele van familie-finansiële beplanning met dié van persoonlike finansiële beplanning vergelyk word, bestaan die volgende voordele: Laer gesamentlike fooie vir familielede kan beding word; Meer effektiewe belastingskale kan benut word deur beleggingskapitaal tussen gades te verdeel; Die oordrag van welvaart na die volgende geslag kan vergemaklik word deur familietrusts te gebruik; Gedeelde verantwoordelikheid bevorder dissipline om by langtermyn-kapitaalbouplanne te hou; Verskillende lewensiklusse en risiko-aptyte help om die familie se beleggingsportefeulje te balanseer; Die verskille in ouderdom en lewensfases ondersteun die uiteenlopende eiendomsbehoeftes van familielede. Aangesien die finansiële beplanning van families meer kompleks is, benodig dit samewerking tussen die verskillende geslagte om behoeftes en verwagtinge te verwesenlik. Die rol van die Bovest-adviseur in hierdie proses kan nie onderskat word nie.

Financial Lessons to Learn from Ultra Trail Running

By Godfried Kotzé • June 2, 2026
This past weekend, Bovest Wealth Management had the privilege of being part of something truly special: a race, a journey, and a family of runners who took part in the MUT - the Mountain Ultra-Trail - in the breathtaking beauty of George. Together with my close friend Scotty, I ran the marathon. But as is so often the case with endurance events, I walked away with far more than tired legs and a medal. I walked away with lessons. Lessons about faith, finances, discipline, consistency, community, fellowship, and perspective. Ultra trail running has a unique way of stripping life back to the essentials. Out there on the mountain, there are no shortcuts. You cannot fake preparation. You cannot outsource endurance. You cannot buy resilience at the final aid station. You have to show up, step by step, climb by climb, kilometre by kilometre. In many ways, our financial lives are no different. Discipline: The Foundation of the Journey No marathon is completed by accident. It requires discipline long before race day. Early mornings, training runs, strength work, nutrition, rest, and preparation all form part of the unseen investment. Financial success works the same way. Building wealth is rarely about one dramatic decision. It is about the daily discipline of living within your means, saving consistently, avoiding unnecessary debt, planning for tax, protecting your family, and making wise investment choices over time. Proverbs 21:5 reminds us: "The plans of the diligent lead surely to abundance, but everyone who is hasty comes only to poverty." Discipline is not always exciting, but it is deeply powerful. It is the quiet commitment to the right things, even when nobody is watching. On the mountain, discipline gets you to the next checkpoint. In your finances, discipline carries you toward long-term freedom. Community: We Were Not Created to Run Alone One of the most beautiful parts of the MUT weekend was the sense of community. Runners encouraged each other. Families supported from the sidelines. Friends waited, cheered, prayed, laughed, and pushed one another forward. With Scotty alongside me, the journey became lighter. The difficult moments became bearable. The experience became richer. The same is true in our financial lives. We need people around us who encourage wisdom, accountability, and growth. A good financial adviser, tax specialist, fiduciary expert, family member, spouse, mentor, or trusted friend can help us make better decisions and remain focused on the bigger picture. Ecclesiastes 4:9-10 says: "Two are better than one; because they have a good return for their labour. For if they fall, the one will lift up his fellow;..." No one builds a meaningful legacy alone. Wealth is not only about numbers on a statement. It is about people, purpose, stewardship, and responsibility. Perspective: Seeing the Creator Through His Creation Perhaps the greatest takeaway from the weekend was perspective. Running through the beautiful mountains of George, surrounded by the majesty of creation, one cannot help but become aware of the greatness of God. The fresh air, the views, the silence, the strength to continue, and the people alongside us all point to something far bigger than ourselves. There were moments on the route where the mighty Name of the Lord could change the entire atmosphere. A prayer, a word of gratitude, a moment of worship, or simply lifting one's eyes to the mountains reminded me that we are not alone. This perspective is essential in life and in finance. Money is important, but it is not ultimate. Planning is important, but God remains our provider. Wealth can create comfort, but only Christ gives true peace. A well-structured estate can leave an inheritance, but a life of faith leaves a legacy. When we see our finances through the lens of faith, everything changes. We become less anxious, more generous, more intentional, and more aware of the responsibility we carry. The Finish Line Matter Every race has a finish line. So does every financial journey. The question is not whether we will reach a finish line, but whether we are preparing wisely for it. Are we disciplined? Are we consistent? Are we surrounded by the right people? Are we walking in fellowship? Do we have the right perspective? Ultra trail running teaches us that endurance matters. Preparation matters. Community matters. Faith matters. The same is true when building, protecting, and transferring wealth. By Godfried Kotze BCom Accounting, MCom Taxation (UP), SAIPA, FISA Member