Why you possibly need more than one last will and testament, and what happens when you do not die, but become unfit.

When you emigrate there are many things to arrange: visas, work, schools, accommodation and even power plugs. But one of the most important documents that people most often forget, is their last will and testament. It is easy to think that it can wait, but if you have assets in more than one country, you should attend to the issue as soon as possible.

Why your South African last will and testament is not enough

Perhaps you already have a last will and testament that you had drawn up long ago in South Africa. However, when you start collecting assets in a new country – such as a vehicle, house, bank account or investment – your South African last will and testament does not necessarily apply in this country. Every country has its own inheritance legislation, processes and formalities.

If you only have one last will and testament, it can lead to:

• delays in the estate administration process
• additional costs for translations and legal support
• an invalid last will and testament in another country, which means that local legislation will determine who inherits what.

The solution: a last will and testament in each country where you have assets

If you have property, money or a business in another country, it is wise to

1. draw up an individual local last will and testament for that country,
2. clearly state that this last will and testament only applies to assets that are held in that country,
3. ensure that your different last wills and testaments do not invalidate each other, and
4. work with a legal expert who specialises in international estate planning.

Read more: Crue invest – Do you need a will for your foreign assets?

When is a local last will and testament especially handy?

You may possibly need one if you

• have properties or businesses in another country,
• have investments in a foreign institution,
• live in a country where the law appoints “obligatory heirs” (for example, Germany and France), or
• want to protect your loved ones against legal and administrative complications.

Read more: Legalex – What needs to be considered when drafting a will for foreign assets

What if you do not die, but can no longer make your own decisions?

Emigrants must also consider proxies and medical decisions. What happens if get sick, are in an accident or can no longer make your own decision?

• Your South African proxyholder is normally not recognised in your new country.
• You must appoint a proxyholder and medical proxyholder in accordance with your new country’s legislation.

In countries like Canada, Australia and the US there are specific forms for

1. life-supportive decisions
2. hospital or treatment options
3. organ donations.

Control list for emigrants with assets in more than one country

1. Did you update your South African last will and testament?
2. Do you have a local last will and testament for each country in which you have assets?
3. Does each last will and testament state that it only applies to assets in that specific country?
4. Do your last wills and testaments invalidate one another? (If you are unsure, get help!)
5. Did you appoint proxyholders and medical proxyholders according to your new country’s requirements?
6. Do your loved ones know where your documents are?
7. Do you use an international estate register (if you have assets in several countries)?

Read more: VDT Attorneys – Planning for the transfer of South African assets

The practical reality

Of, for example, you are currently working in the UK and has a house and pension fund there, your South African last will and testament may not be recognised there. This means that your assets can be legally inaccessible, leaving your family to fight for access, which is often very costly and time consuming.

It is not a sign of fear to be prepared, especially when you live and travel across borders – it is an act of love. By putting your affairs in order and draw up your last will(s) and testament(s) correctly, you are making it easier for your family when you are no longer there.

Prudent international estate planning can help to prevent unnecessary stress, conflict and costs in future.

Also read: Smart ID cards now available to naturalised citizens