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Youth and Wills in South Africa | May 2026

The Legatus Times May / June 2026 Edition

As we approach Youth Day in June, the spotlight naturally shifts to the dreams, potential, and challenges of the younger generation in South Africa. Traditionally, we commemorate this day by looking back at history, but true empowerment lies in looking forward as well. For parents, grandparents, and young professionals, this means recognizing a powerful, often-overlooked truth: the protection of our youth begins today with drafting a valid will.

Generational Wealth Starts with Planning

In South Africa, the term "generational wealth" is often associated with large corporate trusts or wealthy dynasties. The reality, however, is that wealth is built and eroded at many levels. Without a structured estate plan, even the smallest inheritance, a modest life insurance policy, a family home, or basic savings, can be lost to unnecessary administration, family disputes, or harsh legal constraint

Minor Children and the Guardian’s Fund

South African law is strict when it comes to the protection of minors (children under 18 years old). If you were to pass away without a will (intestate), your minor children are not permitted to inherit cash or movable assets directly. These assets are converted into cash and paid into the state-administered Guardian’s Fund.

While the Guardian’s Fund exists to safeguard the funds, accessing them for daily needs such as school fees, medical care, and living expenses is often cumbersome and time-consuming. This places an enormous financial and emotional burden on the surviving guardians during a time when the children are already experiencing trauma.

Empowerment Through a Will

By acting proactively, we can protect the youth and ensure that the fruits of your hard work empower them directly:

1

Maintenance Trusts (Testamentary Trusts)

By stipulating a testamentary trust in your will, assets are securely managed by trustees you trust, specifically for the benefit of your children's education and living expenses, without state intervention.

2

Appointment of Guardians

You choose exactly who will care for your children, instead of leaving that decision to the courts.

3

Financial Literacy

By introducing the conversation about wills and inheritances early on, we cultivate a culture of financial responsibility within the youth.

Secure Today. Empower Tomorrow.

Protecting the youth is not just about the inheritance we leave behind, but about the platform we build for them to stand on. A valid will is the foundation of that platform. It transforms uncertainty into stability and ensures that the next generation does not have to start from scratch but can instead build upon what has already been achieved.

Let us commemorate this Youth Day with action. Secure your today, so we can empower their tomorrow.

Call to Action

Protect the next generation with a valid will.

Contact Legatus Trust to draft or review your will.

Contact our Will Drafting team

Legatus Trust

Will Drafting | Deceased Estate Administration | Trust Administration

Email: info@legatus.co.za  |  Tel: 0861 722 626  |  Website: legatus.co.za

This newsletter is provided for general information purposes and should not be regarded as formal legal, fiduciary, tax, or financial advice. Please consult a qualified professional for advice specific to your circumstances.

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  • Generational Weatlh
  • Youth & Wills
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