The death of a loved one is an emotional time making it difficult to focus on estate matters to be addressed. And truth be told, death can be an expensive and a cumbersome affair, particularly if estate planning has been neglected. Claims against the estate are accumulating interest and there isn’t sufficient cash to settle outstanding debts. People generally underestimate the costs related to death.
To avoid a situation where valuable assets have to be sold to settle outstanding debts, it is important to do proper planning for clients and ensure that they take out life and/or bond insurance to ensure sufficient cash is available.
More than 46% of deceased estates administered by Sanlam Trust do not have sufficient cash available to cover all debts, costs, cash bequests, and taxes payable during one’s lifetime and at death including income tax, capital gains tax and estate duty.
When a person dies, it is the duty of the executor to determine the financial position of the estate as soon as possible.
Is there enough cash in the estate to cover all the costs of administration as well as all the debts? And if there is not enough cash, are there sufficient assets so that one or more of the assets can be sold (with the consent of the heirs) to cover the expenses?
Costs paid from the estate funds
- Master’s fees payable to the Master of the High Court
- For estates with a value between R250 000 and
R400 000: R600 - Fees escalate as the value of the estate increases,
to a maximum of R7 000.
- For estates with a value between R250 000 and
- Administration charges (executor’s remuneration)
- Valuation costs of assets for estate duty purposes
- Advertising costs (advertisements for calling on creditors,
and giving notice that the liquidation & distribution account
is open for inspection) - Costs for provision of security to the Master
- Estate bank account charges
- Transfer costs of fixed property
- Cancellation costs of bonds registered over fixed property
in the estate - Funeral costs
Additional life cover
It’s never a good idea to bequeath all life policies to beneficiaries. Make at least one policy payable to the estate to secure the discounted 1.5% (excluding VAT) executor’s fee.
Please note: This policy number must be mentioned in the will. On the other hand, it is also a good idea to encourage clients to take out an additional life policy or funeral policy not payable to the estate, to cover funeral costs and four months’ living expenses for dependants.
Insolvent estate
When the total debt of an estate is larger than the total value of the assets in the estate, the estate is insolvent and thus administered under section 34 of the Administration of Estates Act 66 of 1965. Sanlam Trust does not administer insolvent estates.
Cash shortfall
Then there are estates where a cash shortfall exists. All estates have certain administrative costs that must be paid, including advertising costs, bank charges and executor’s fees, and there may also be outstanding debts. If the deceased failed to do proper estate planning during their lifetime, and left only non-cash assets in their estate at the time of death, there are two possible consequences. The heirs will have to pay the cash shortfall to the estate in order to retain the assets instead of having to sell them. Or else, the executor, in collaboration with the heirs, must determine which assets (e.g. shares or motor vehicles or even fixed properties) to sell, using the cash proceeds to cover the estate’s debts and administration charges. Financial planners should do proper estate planning for their clients and provide for enough cash in estates to prevent non-cash assets having to be sold. Making use of a liquidity tool will help to calculate any shortfall and enable you to make adequate provision.