Protecting the Inheritance of Minor Children
Ruvan J Grobler • 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)
I recently signed up for one of my bucket list items, the demanding Comrades Marathon. It’s something that I always had in the back of my mind, and I said to myself that if I ever where to take on the 87km beast, I am going to be prepared. So, as I successfully entered and received my number, I immediately did 2 things: 1) I got a coach: Someone who is experience and can guide me week by week, month by month leading up to the Ultra Marathon 2) I got a training partner : After using all my persuasion skills, I convinced a friend to join me on this journey. Not only for the comradery, but more as an accountability partner, to make sure I show up for training even though I might not feel like it For many of us, we want to make sure 2026 is our best year yet, not just physically, but financially as well. How can we be more productive and make more money or at least manage it better? In his Book Atomic Habit, James clear writes about the ‘Commitment device’ in chapter 14. A Commitment device, also referred to as the ‘ Ulysses pact’ is a choice you make in the present, that controls your actions in the future. It is a way to lock in future behaviour, bind you to good habits and restrict you from the bad ones. Some examples include: - Eating out of smaller plates – to limit calorie intake. - Unsubscribe to emails and apps – to waste less time - Setting up an outlet timer, to cut off the Wi-Fi at 9pm per night - to limit social media or series binging. - Keep your phone in another room when working – to avoid distractions When it comes to your finances here are a couple of things you can try to make 2026 you most financially rewarding year yet. - Automate your investments: Remove the temptation to spend your money by setting up debit order for the money to be invested as soon as it hits your bank account - Appoint a financial partner – this can be an advisor, friend or spouse: his person must be strict and diligent and keep you to your goals. Schedule quarterly calls to go through your investment accounts to see how much it has grown - Buy groceries only twice a week: We almost always buy things we don’t need – limit your number of visits to the store - Let you partner hide your credit card during the week and have an x amount of cash available. This might sound harsh but can be extremely effective as we swipe or tab often without thinking. There’s so many examples of how we can adjust our behaviour by setting up ‘ Commitment devices. I’d like to hear your favourites so please send them through to geo@bovest.co.za and let’s help each other to make 2026 memorable and profitable. Geo Botha CFP® Marketing Director
Dearest clients and colleagues. While I was contemplating about this month’s topic, I felt led to share the following testimony with all of you. I really hope it will encourage you and call you to action. Before I begin, I am sure you will get enough information about the markets and politics from my colleagues, so I am happy to divert and continue my story. Just a bit of background. I have been on diamond Vitality status with Discovery for many years. I have faithfully done my yearly check ups every year and also the specific tests that Discovery requests. I slipped up after Covid with my mammogram and pap smear and I didn’t know I had to do a colonoscopy. Just before my birthday in July, I had severe stomach pain. I am not a person who likes to visit a doctor but here I certainly learned a lesson. If you have pain, your body is telling you there is something wrong, so don’t be tough, just go and check it out. I was diagnosed with colon cancer. EVERYTHING changes in an instant. The way you look at life, your values, how you see people, your relationship with your Creator and Saviour. Everything happened so fast and I had to go in for major surgery. After 10 days in ICU, fighting for my life and a couple more days in the surgical ward, I was discharged. So many things were going through my mind. Will I see Christmas again? Will I ever be strong enough to enjoy life again? Will I see my children and grandchildren again? Will I have to go for chemotherapy and radiation? Doubt and fear started to slowly enter my mind. The battle is in the mind. Then breakthrough! My tests came back and I was clear. No cancer in my body. Surgery was successful. Oncologist was happy. I do have to be monitored regularly, but praise God? Here I must elaborate. I have a strong support group who carried me in prayer. I have faith in our Almighty God who still heals today. Bovest as a company also supported me phenomenally. Thank you to all 🙏 My message for all of you is the following: please go to the doctor if you have pain or discomfort. Please do your mammogram, pap smear, prostate and colonoscopy tests regularly. Prostate test now is just a blood test. Please make sure your severe illness and income protection cover is in place. You really need it. Speak to your advisor about it. Don’t be like an ostrich, prevention is far better than cure. Surround yourself with positive people. Spend time in the Word. It is alive and it is healing to your body, soul and spirit. You are welcome to reach out to me anytime. May you have an amazing 2026 and please look after yourself. Kind regards Yvonne
