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)
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.
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
