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?

  1. 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.
  2. Activation: Upon death, the nominated trustees apply to the Master of the High Court for Letters of Authority to manage the trust.
  3. Trustees: It’s advisable to appoint at least one independent trustee with fiduciary expertise to ensure proper governance.

 

Why Should Clients Consider It?

  1. Protection for Minor Children: Minors cannot legally inherit until age 18. A testamentary trust ensures their inheritance is managed responsibly until they reach maturity.
  2. Special Needs Planning: A Type A Special Trust offers tax-efficient support for beneficiaries with disabilities.
  3. Asset Preservation: Prevents reckless spending by beneficiaries. Trustees manage and distribute assets according to the testator’s wishes.
  4. Managing Indivisible Assets: Useful for assets like farms or holiday homes that cannot be easily split among heirs.
  5. 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)


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Most of us spend years working out how to grow our wealth, and far less time asking what could put it at risk. We plan as though good health, stable markets and steady momentum will always hold. But wealth can look secure right up until the thing you never planned for happens. Think of how quickly things can change. A pandemic upends your industry. Technology makes your role obsolete. A market slump tempts you into an emotional decision that undoes years of discipline. Each of these begs a simple question: what happens to your wealth-building machine if one of its assumptions fails? Wealth protection vs income protection The two are closely linked, but they are not the same thing. Cover such as disability or severe illness insurance protects your earning power. Wealth protection looks at what that income has built, and what happens to it if you’re no longer around to manage it. 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Will your estate have enough cash when you pass away? Before anything is distributed, an estate must pay executor's and Master's Office fees, debts, funeral costs, capital gains tax and, where applicable, estate duty. When wealth is tied up in property or a business, the executor may have to sell at the wrong time and the wrong price. Compare your liquid assets against likely costs and plan for any shortfall. Protecting your wealth: What’s next? If the four questions above exposed a gap, that’s a great place to start. Gaps are far easier to close while life is calm than having to rely on someone to sort things out on your behalf. Of course, you don’t need to fix everything at once. Start with the question that made you hesitate. Think of it as the foundation under everything else you’re building. Nobody admires it from the outside, but every decision about growing your wealth rests on it. "The key to successful wealth creation is knowledge. 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