08 February 2022

What is the Purpose of an Estate Plan

Submitted by: Joshua Maraney

Estate Planning is beneficial to people of all income levels. Even if you don’t have a valuable home or expensive art to leave behind, settling your affairs after you die can have a long-term, and costly, effect on your loved ones, if you don’t plan ahead of time. You will need to do some Estate Planning if you want to ensure that your wishes are carried out with regards to asset distribution when you pass on.

It Protects Your Beneficiaries

The most crucial aspect of Estate Planning is the naming your heirs. If you don’t have an Estate Plan, the courts will normally decide who gets your assets, which can take years, cost a lot of money, and be a very unpleasant experience. After all, a court has no way of knowing who should not have unlimited financial access, as an example. The courts will not automatically award the surviving spouse everything but will decide who receives your property, if you die without a Will, which is an important part of an Estate Plan.

It Protects Minors

Nobody likes the idea of dying young, but if you have young children, you must be prepared for anything. In an Estate Plan, this is where a Will comes in handy. You should choose the guardians of your children, in case both parents die before they reach the age of 18. This will ensure that they are looked after in the manner that you desire. If you don’t name these guardians in your Will, the courts will decide.

It Eliminates Family Feuds

Another reason to have an Estate Plan is to prevent disagreements from arising. This will allow you to decide who will manage your finances and assets if you become mentally incapacitated or die, which will help to avoid family feuds and ensure that your assets are administered according to your wishes. One of the most crucial decisions you’ll have to make is how to distribute your Estate. You should prepare an Estate Plan, especially if you have had more than one spouse or have children from separate families.

It Limits Costs and Taxes

There are numerous taxes and fees to consider while winding up an Estate, and an experienced Estate planner can assist you in saving money. Transfer duty on immovable property, capital gains tax, income tax, contributions tax and fiduciary charges where Trusts are involved are just a few of the costs your advisor will factor into your approach. The purpose of your Estate Plan in this situation will be to limit the costs of your deceased Estate to a bare minimum, while boosting the fortune of your loved ones.

It Ensures that Your Estate is Liquid

 If your Estate is not adequately liquid when you die, your loved ones may be forced to sell some assets to cover expenses, which can be a difficult situation, especially if they are forced to sell the family home. Your Estate planner will assist you in performing precise liquidity calculations to ensure that your debt, estate administration and death expenses are covered, as well as that your Estate duty and other taxes are paid on time, ensuring that your loved ones’ financial stability is not jeopardised.

Avoid the Danger of Legal Action

When read in conjunction with your Will, legacy documents, Trust deeds, and codicils, your overall Estate Plan should be optimally matched to fulfil your aims and provide assurance to your heirs about your choices. Any ambiguity, confusion, or uncertainty might cause delays in the winding-up procedure, as well as family issues and the danger of legal action, if you don’t clarify your intentions.

Contact Capital Legacy today! We have a nationwide network of  Will consultants that will help you get your affairs in order. We offer free Will consultations online, on the phone, or in person.

This article was first published at https://www.capitallegacy.co.za/what-is-the-purpose-of-an-estate-plan/

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