By Sarah Simson | Consultant Attorney
For many South Africans, diversification now includes assets outside our borders - property in London or Lisbon, a brokerage account in New York, funds in Mauritius, or shares in a multinational. That’s good for growth, but it complicates what happens after you pass away. Without a proper cross-border plan, families can face delays, surprise taxes, and administrative hurdles in more than one country, right when they need clarity most.
Why cross-border estates get stuck
Global assets don’t follow a single rulebook. Each jurisdiction has its own probate process, documents, timelines and potential estate or inheritance taxes. There can be overlaps (or gaps) between South African rules and the law where an asset is located, and even small mismatches, like a missing witness requirement or the wrong executor for a foreign probate, can stall the process.
A simple scenario (that happens often)
Thandeka lives in Johannesburg. She owns; her South African home; a buy-to-let flat in the UK; a US brokerage account with tech stocks; and a local living-annuity and life policy.
She has one South African will drafted years ago, naming SA-based executors and guardians for her children.
When Thandeka dies, her SA will needs to be accepted here but the UK flat usually requires a UK probate (or a reseal, depending on circumstances), with UK-compliant documentation and a UK-qualified representative. The US account provider may insist on US estate paperwork and will not act on an SA appointment letter. Meanwhile, school fees and household bills continue in South Africa, but liquidity is locked in foreign processes. If Thandeka’s will doesn’t line up with UK/US formalities, or if there isn’t enough cash in the SA estate to cover taxes and costs across jurisdictions, her heirs wait, and wait, and sometimes must sell assets they intended to keep.
How this could have been avoided:
- Using separate, complementary wills (SA + foreign) drafted to work together;
- Appointing appropriate executors/representatives in each place where assets sit;
- Checking beneficiary designations (life policies, wrappers) and aligning them with the will(s);
- Planning liquidity so taxes and costs can be paid without forced sales; and
- Keeping the structure reviewed as laws and life change
What a cross-border plan actually covers
- The documents: One carefully drafted SA will and, where sensible, foreign wills tailored to the local probate rules. These instruments must be coordinated so they don’t revoke each other
- The people: Executors/trustees who can act in the right countries, plus guardians for minor children and substitutes
- The assets: Knowing each asset’s situs (where it’s legally situated) and how that affects probate and potential taxes
- The taxes: Using professional advice on double-tax considerations and structuring so you don’t pay more than required - or create cash-flow problems for your heirs at the worst time
- The liquidity: Ensuring there’s ready money to pay debts, taxes and fees in all applicable jurisdictions, so the family isn’t forced into delay or distress sales
- The review cycle: Updating after life events (marriage/divorce, new child, moving countries, buying/selling a business or property) and keeping pace with regulatory changes
Business owners and parents: two added priorities
If you run a business, your estate plan is also a continuity plan - wills must align with shareholders’ agreements or buy-and-sell arrangements so salaries, suppliers and banking carry on. If you’re a parent of minors, consider a testamentary trust to manage funds until the age you choose, and record practical wishes about schooling, healthcare and daily routines.
The Thomson Wilks approach
We work with clients’ tax and investment advisers to build a coordinated, jurisdiction-aware plan. Sometimes that’s as straightforward as a refreshed SA will and better beneficiary nominations; sometimes it involves complementary foreign wills, trustees, or product choices that bypass the estate. The goal is the same: clear, compliant, and practical - so your heirs receive what you intended, with fewer surprises.
Thinking of your own plan?
If you hold assets in more than one country, a short consultation can surface gaps quickly. Bring a simple asset list (where each asset sits, how it’s titled, and any beneficiaries already named) and we’ll map the next steps.
This article is general information and not legal or tax advice. Please seek advice from us for your specific circumstances.
