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A will serves other essential purposes beyond asset distribution. In South Africa, it can include vital instructions on handling one's remains and burial preferences. This is particularly crucial for those who wish to express their desires regarding funeral arrangements, memorial services, or even the choice of burial location.

Should I create a valid will if I have already registered a family trust?

In the intricate realm of estate planning, the question of whether one needs a will alongside a family trust often emerges as a poignant consideration for South Africans. While a family trust is undoubtedly a powerful tool for preserving wealth and ensuring a seamless transfer of assets, its reach may not extend to encompass all facets of one's estate.


The Trust Tango:

Family trusts are renowned for their ability to shield assets from the complexities of probate and mitigate certain tax implications. However, not all assets can be seamlessly funneled into the trust. Tangible assets such as a primary residence or sentimental belongings may not practically find a home within the trust's protective embrace. This is where the nuanced dance between a family trust and a will comes into play.


Filling the Gaps with a Will:

A will serves as the unsung hero, addressing the lacunae left by the family trust. It steps in to account for assets that may not be reasonably transferrable to the trust, ensuring that no stone is left unturned in the disposition of one's estate. By crafting a will, individuals can designate specific assets or provide general directives on how assets outside the trust should be handled.


Beyond Assets: The Holistic Will:

The utility of a will extends far beyond the distribution of assets. It serves as a comprehensive document that captures an individual's wishes and preferences. South Africans can utilize their wills to outline specific instructions for the handling of remains, burial preferences, and other personal matters that go beyond the financial realm. This holistic approach ensures that the legacy left behind aligns not only with financial aspirations but also with deeply personal and cultural considerations.


Future-Proofing the Legacy:

In the dynamic landscape of life, circumstances evolve, and assets transform. Having a will in conjunction with a family trust acts as a form of future-proofing. It accommodates changes in circumstances, additions to the family, or alterations in asset portfolios. This adaptability is a key element in crafting a resilient and enduring estate plan.


Conclusion:

While a family trust serves as a formidable guardian of wealth and assets, the synergy with a will completes the intricate tapestry of one's legacy. South Africans are encouraged to view these two instruments not as competing forces but as complementary tools in the grand orchestration of estate planning. Together, they harmonize to create a comprehensive, resilient plan that not only shields assets but also resonates with the unique essence of an individual's life journey. In the intricate dance between family trusts and wills, the choreography ensures that every aspect of one's legacy takes center stage.

Are you seeking support with estate planning? Reach out to us at MJM Attorneys for personalized services. You can contact us via email at info@mjmattorneys.co.za or by phone at 015 023 0013/072 772 3401. Alternatively, schedule a consultation at https://calendly.com/info-f5m/mjmattorneysinc. We look forward to assisting you.