*This content is brought to you by Brenthurst Wealth
By Rozanne Heystek-Potgieter*
With more South Africans investing offshore than ever before, investors need to consider the impact offshore investing has on their overall estate planning layout and objectives.
The most commonly asked question in terms of cross border investing and estate planning is whether a foreign will is necessary? In order to answer that, one needs to unbundle information such as the type of asset, the laws of the jurisdiction that governs the assets, possible tax implications locally and abroad, as well as who will inherit from your estate and where they are based. The following factors can impact whether one worldwide will be sufficient or if it is advised to draft a foreign will:
- Type of asset
The type of asset in question will impact whether you require a separate foreign will or whether it can be dealt with in one will that encompasses your worldwide assets. The process involved in handling an immovable property in an estate such as a house or empty stand in a foreign country, will differ significantly from movables such as offshore bank accounts or discretionary investments. Immovables in most cases require a separate foreign will that matches the laws, taxation and estate administration procedures of the jurisdiction in which the asset is held. If you are a SA tax resident and hold property in the UK, for instance, then a separate will is advised.
- Jurisdiction
The jurisdiction in which an asset is held is a major factor in how you would structure your will or wills, as legal concepts that do not exist in South African law might apply to an offshore investment. As an example, Guernsey is a preferred jurisdiction from an investment perspective due to its favourable laws and taxation structure. Mags Heystek finds it a favourable jurisdiction to invest in as “there are no repatriation laws between Guernsey and South Africa at this time. Guernsey is also not part of the EU or United Kingdom, mitigating Brexit fears. Investing in this jurisdiction also allows for seamless cross border inheriting, without funds ever having to be paid out to the SA estate. This is also advantageous if your heirs have emigrated.” Further, a co-owned investment in Guernsey, through a platform such as Momentum Wealth International, allows for the selection of the joint-tenancy rights applying to that investment. Simply put, on the death of one of the owners, the surviving owner inherits their half share automatically, and not in terms of a will. This is a great estate planning tool for spouses who want to avoid the cost implication of a foreign grant of probate process or having to draft a separate Guernsey will.
- Forced heirship laws
Certain civil law countries still follow a strict code of forced heirship laws. In Mauritius for example, Mauritian laws govern the devolvement of immovable property owned by a foreigner, yet on a limited basis. A distinction is made between a reserved and unreserved portion – the reserved portion is allocated to children, if the deceased had any, depending on the number of children (1 child = 50% reserved, 2 children = 66%, 3+, 75% reserved). Most importantly, the reserved portion cannot be infringed upon by testamentary disposition. The unreserved portion can be bequeathed in a will.
The process of estate planning, especially with the inclusion of foreign assets it not always a straight forward topic, with simple solutions for all investors. Mags Heystek, Certified Financial Planner® professional, advises that “discussing estate planning from an offshore point of view, ensures that the investor and even the potential heirs or beneficiaries are aware of the ultimate goal of capital preservation and asset protection from future unforeseen circumstances, for example, the government limiting exchange controls”. If you decide to draft a foreign will, ensure that it is not done in isolation of your SA executor. Multiple wills must be carefully drafted in order to not revoke each other, to avoid obvious disastrous effects. It is best to consult a Fiduciary services specialist who can provide guidance on estate planning, drafting wills and ensure synergy between offshore investment strategy and estate planning goals,” Heystek says.
Every individual’s situation is different. It is recommended to consult an experienced, qualified advisor to suit personal circumstances. Read more: Fiduciary Services
- Rozanne Heystek-Potgieter is responsible for the drafting of wills, administration of deceased estates, estate planning, and all matters that relate to trusts, offshore trusts and offshore wills, with special focus on jurisdictions such as Guernsey and Mauritius. She is an admitted attorney, holds a BA Psychology & International Studies degree from Monash University, a LLB degree (UNISA), and a certificate in International Trust Management from STEP (Society of Trust and Estate Planners). She first joined Brenthurst in 2010 and rejoined in 2014 after completion of articles of clerkship.
Megan joined the Brenthurst Wealth team in March 2026 as an Administrative and Fiduciary Services Assistant at our Val de Vie Office in the Western Cape. Prior to joining Brenthurst, Megan gained three years of experience in the retail sector, where she developed management and client service skills.
I obtained my National Diploma in Financial Information Systems from the Cape Peninsula University of Technology in 1999 and have worked in the wealth management industry since January 2000. Over the years, I have gained extensive experience in various roles, including Portfolio Manager Assistant, Planner Assistant, and Paraplanner.
Esmarelda Isaacs-Andreas joined the Brenthurst Wealth Stellenbosch office in October 2025, taking on the dual role of Receptionist and Fiduciary Administrator.
I obtained my National Diploma in Financial Information Systems from the Cape Peninsula University of Technology in 1999 and have worked in the wealth management industry since January 2000. Over the years, I have gained extensive experience in various roles, including Portfolio Manager Assistant, Planner Assistant, and Paraplanner.
Ashley joined Brenthurst Wealth in January 2025 as Office Administrative Assistant and Receptionist for the Stellenbosch Office.
René Heystek joined Brenthurst Wealth in November 2023, as receptionist and administrative assistant in the newly established George/Garden Route office.
Michelle Heystek has built a career in the financial services over the last two decades, after obtaining her B.Com degree in Financial Management in 2005. Once she joined Brenthurst in 2006, she continued her academic journey, obtaining her Certificate in Wealth Management from INSETA in 2007, followed by a Postgraduate Diploma in Financial Planning from the University of the Free State. In 2008, she earned the Certified Financial Planner (CFP®) designation.
Anelle joined Brenthurst Wealth as a Receptionist and Administrative Assistant to Brian Butchart in the Cape Town office in December 2023. She has a wealth of knowledge from working as a liaison between Financial Advisers and clients at TMA and Absa Investment Management Services (Aims) since 1998. She obtained her B. com degree from the University of Port Elizabeth in 1997.
ADMITTED ATTORNEY | FINANCIAL PLANNER & HEAD OF BRENTHURST FOURWAYS
Sanet was appointed in April 2020, joining our Cape Town team as an Executive Administration Assistant to Renee Eagar. She has been in the financial services industry since 1990. Her previous experience includes positions at Sanlam, BJM and ABSA. She spent her last 12 years working at Alexander Forbes Private Client Wealth as a Senior Wealth Management Assistant. She has received numerous accolades over the years which include but not limited to, Alexander Forbes Client Service Excellence – Silver award in 2014,2015 and 2017. Sanet has also obtained her Certificate in Wealth Management (NQF 5) in 2012 and achieved “Best Student of the Year” from Moonstone.
Maria Smit is a Certified Financial Planner® with over 10 years of experience in the financial planning industry.
