Legal Validity

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If the will is not legally valid, it is worthless.

Ensure:

• You are mentally competent

• The will is in writing

• It is signed by you

• It is signed by two independent witnesses

• Witnesses are not beneficiaries

👉 This is the foundation—everything else depends on it.

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Appointment of the Right Executor

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The executor administers your entire estate.

Focus on:

• Choosing someone competent and trustworthy

• Deciding on a professional vs personal executor

• Clearly stating executor’s fees to avoid default maximum charges

👉 A poor executor causes delays, costs, and family conflict.

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Clear Distribution of Assets

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Ambiguity creates disputes.

Focus on:

• Clearly identifying beneficiaries

• Specifying who gets what

• Naming alternative beneficiaries

• Avoiding vague or contradictory wording

👉 Clarity prevents litigation and emotional fallout.

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Protection of Minor Children & Dependants

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This is critical if you have dependants.

Focus on:

• Appointing a guardian for minor children

• Using testamentary trusts where appropriate

• Preventing inheritances from going into the Guardian’s Fund

👉 Without planning, the court or state may step in.

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Tax, Costs & Liquidity Planning

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Poor planning can significantly erode your estate.

Focus on:

• Minimising estate duty

• Managing Capital Gains Tax on death

• Planning for executor’s fees

• Ensuring sufficient liquidity to cover costs

👉 What matters is not what you own—but what your heirs receive.

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“Revocation of Previous Wills” 

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When a will states “I revoke all previous wills and testamentary dispositions”, it means:

👉 Only this will is legally valid
👉 All earlier wills, codicils, or written instructions are cancelled

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Why Appoint Capital Legacy as Executor Instead of a Family Member

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Appointing an executor is one of the most important decisions in a will. While many people consider a family member, a professional executor like Capital Legacy offers significant advantages that protect both the estate and the family.

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• Expertise & Experience - Estate administration is complex and highly regulated.

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• Speed & Efficiency - Delays are one of the biggest frustrations for beneficiaries.

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• Impartiality & Family Harmony - Money and grief are a dangerous combination.

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• Reduced Emotional Burden on Family -Administering an estate is stressful, especially during bereavement.

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• Cost Transparency & Negotiated Fees - Executor fees are regulated but negotiable.

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• Continuity & Reliability - Capital Legacy cannot die, relocate, or become incapacitated

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Indemnity Cover vs Life Insurance – Key Differences Explained

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Although both involve a payout on death, Estate Fees Indemnity Cover and Life Insurance serve very different purposes and are treated very differently in an estate.

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Capital Legacy Indemnity Cover

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• The policy is:

  • Owned by Capital Legacy

  • Paid directly to the executor

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• The payout:

  • Never belongs to the deceased

  • Never belongs to the beneficiaries

  • Is used only to settle estate costs

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👉 Because the deceased did not own the policy, it cannot form part of the estate.

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Life Insurance

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• The policy is:

  • Owned by the life insured

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• The payout:

  • Is paid to beneficiaries or the estate

  • Becomes part of the deceased’s financial footprint

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👉 Ownership triggers inclusion in the estate for duty and fee calculations.

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This calculator provides an estimate only and does not constitute financial, tax or legal advice. Actual estate costs may differ based on estate structure, legislation, and exemptions.