NE T T O INVEST If I pass away unexpectedly If you are reading this, I am no longer with you, but I do still need you. I am hoping this booklet will make things easier for you during this time. Its contents include contact details and important information that you may require when finalising my estate. Thank you for doing this. In addition to my Last Will and Testament, this booklet should serve in assisting with managing the proceeds of my belongings and liabilities. I have done my best to ensure that it is up to date and relevant. I am so grateful that you have taken the time to do this for me and I wish you the best. NE T T O INVEST 1 www.netto.co.za Personal Details: Full name: _ __________________________________________________________________________________________ ID number: ___________________________________________________________________________________________ Close friends, relatives, neighbours and colleagues to be contacted in the event of my death: NAME RELATIONSHIP TO ME CONTACT NUMBER / E-MAIL Investment Planner My Will details: Contact the Executor of my Will to assist with winding up the Estate. Where I have stored my Will: _____________________________________________________________________________ Details of my Executor: Name of Person / Institution ID number (if an individual) Account no / Ref no (if Institution) Contact telephone number E-mail Where I keep my ID book and personal documentation: ____________________________________________________________________________________________________ Organ donation specifications (if applicable): ________________________________________________________________ (For more information go to www.organdonorfoundation.co.za) Living Will (if applicable): _ ______________________________________________________________________________ NE T T O INVEST www.netto.co.za 2 Guardianship of my children: _ ___________________________________________________________________________ ____________________________________________________________________________________________________ My pet’s needs: _ ______________________________________________________________________________________ ____________________________________________________________________________________________________ Funeral Details: Place of worship: ______________________________________________________________________________________ ____________________________________________________________________________________________________ Requests regarding burial /cremation and scattering of ashes: _________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Preferred funeral arrangements: _________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Payment options for funeral: Burial scheme / Funeral Policy: __________________________________________________________________________ ____________________________________________________________________________________________________ Financial details: Income tax number: ____________________________________________________________________________________ Accountants details: _ __________________________________________________________________________________ E-mail: ____________________________________________________ Tel: ______________________________________ Employment / Sources of income details: _ _________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ NE T T O INVEST www.netto.co.za 3 Bank accounts / Loans: Company Account number Type of Account Personal banker and Contact details Life Insurance / Pensions / Unit Trusts / Shares / Offshore Assets / Investments: (Attach latest statements) Company Policy Number Policy Type Contact Person Contracts and accounts that will need to be dealt with : (e.g. Pharmacy, credit card, clothing & telephone accounts, DSTV, security service, car payments, cell phone etc.: Account Details Account Number Contact Details: Tel / E-mail Ownership documents / HP / lease details of motor vehicles: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ NE T T O INVEST www.netto.co.za 4 Residential Property Details: Erf number: ______________________________________ Deed in the name of: __________________________________ Bank: ___________________________________________ Tel: ________________________________________________ Bond account number: _ ________________________________________________________________________________ If bonded the bank holds the deed, if not, state where the title deed is kept: ____________________________________________________________________________________________________ Bond / Life Insurance: Insurer: _________________________________________ Policy no: ___________________________________________ E-mail: __________________________________________ Tel: ________________________________________________ Details of Rates & Taxes account / Body Corporate / Managing Agents: Details: ______________________________________________________________________________________________ Contact: _________________________________________ Account Number: _ ___________________________________ E-mail: __________________________________________ Contact details: ______________________________________ Other: _______________________________________________________________________________________________ ____________________________________________________________________________________________________ Details of other properties: Erf number: ______________________________________ Deed in the name of: __________________________________ Bond account number: _____________________________ Contact details: ______________________________________ Bank: ___________________________________________ If bonded the bank holds the deed, if not, state where the title deed is kept: ____________________________________________________________________________________________________ Bond / life insurance: Insurer: _________________________________________ Policy no: ___________________________________________ E-mail: __________________________________________ Contact Details: ______________________________________ Details of Rates & Taxes Account / Body Corporate /Managing Agents: Details: ______________________________________________________________________________________________ Contact: _________________________________________ Account Number: _ ___________________________________ E-mail: __________________________________________ Contact Details: ______________________________________ NE T T O INVEST www.netto.co.za 5 Details of Timeshare: Resort: __________________________________________ Contact Details: _ ____________________________________ Ref / Account no: __________________________________ RCI / other: ______________________________________ Contact Details: ______________________________________ Medical Aid Details: Name of Medical Aid: ______________________________ Contact Details: ______________________________________ Account / Ref no: ___________________________________ Domestic employees details, contract, UIF, etc.: Full Name: _______________________________________ Contact Details: ______________________________________ ID Number: _ _____________________________________ UIF Number: ________________________________________ Other Details: _________________________________________________________________________________________ ____________________________________________________________________________________________________ Full Name: _______________________________________ Contact Details: ______________________________________ ID Number: _ _____________________________________ UIF Number: ________________________________________ Other Details: _________________________________________________________________________________________ ____________________________________________________________________________________________________ Details of business entities, companies, close corporations and trusts: Name Registration Number Contact Details Details of firearms, locations of licenses and access to safe: Description NE T T O INVEST Serial Number Location License Number www.netto.co.za 6 License Location NOTE: Any other items that have not been mentioned in this list, e.g. details of CC or partnership agreements, ante nuptial contracts, divorce agreements, hiring or letting contracts, safe keys / combinations, passwords for computer, where the gold is buried, etc. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Thank you for taking care of everything for me, may your continued journey on this earth be filled with inspiration and prosperity. Name: ______________________________________________________________________________________________ Signature: _ __________________________________________________________________________________________ Date: ________________________________________________________________________________________________ NE T T O INVEST www.netto.co.za 7 Trusted Independent Investment Advice. For Life. Dear Estate Planner Well done on making an effort to help maximise the net amount of cash available to your loved ones from a lifetime of effort. Financial independence is no accident. It requires planning and long-term dedication to a sound strategy. By delivering professional advice and personal service, we help you and your loved ones to achieve peace of mind. We work together with your investment portfolio managers, planning your investment strategy to achieve your lifetime goals. We are a team of Independent Investment Planners who really get to know and understand you. Our goal is to form a successful relationship with you, provide insightful financial planning and ensure that this is effectively managed. We will work together with you to implement investment strategies that will assist you in achieving your financial goals, taking your personal needs into account. At Netto we take a holistic and long-term look at your lifestyle goals and how we can best plan ahead for your future. The Netto Invest planning team are all CERTIFIED FINANCIAL PLANNER® professionals in addition to being either Chartered Accountants or Lawyers. Netto is a FSB approved Discretionary Portfolio Manager and we are proud to have two Financial Planner of the Year award recipients at the helm. The combined expertise and experience of the team enable us to provide well-researched, Trusted Independent Investment Advice to retirees, investors and business owners, For Life. NETTO MAP We review your NETTO MAP, which is the result of years of Netto research, with you. The NETTO MAP was born out of our passion to provide investors with clarity and peace of mind, as the decisions they are making are usually affected by many complex factors. By including all the variables that affect your retirement plans, for example, the applicable tax rules, asset allocations and investment returns in the calculation, the NETTO MAP assists your planning team in providing you with optimal advice for your circumstances. Investment and Estate planning: n n n n n investment planning - local and offshore investments n estate planning n retirement and retrenchment planning portfolio monitoring and review n tax planning n life and disability risk management and advice employee benefits and group schemes (pension and provident funds, group life and disability assurance) business assurance (key man cover and buy-sell agreements) business structure and continuity planning We have established relationships and strategic alliances with reputable financial service providers and associates, including tax specialists, accountants, lawyers and investment analysts, enabling us to provide exceptional service and project manage an investor’s complete set of financial planning services. In addition, we are able to assist you with the structuring of local and offshore business entities to minimise your tax liability, and with tax planning advice in respect of investments, trusts and personal or business remuneration. For your convenience we have included the following additional information: Why You need a Will, Your Will, A Wills Glossary and the Process of Administrating a Deceased Estate. Let’s talk soon… Ian, Debbie, Morné, Richard and Cameron NE T T O INVEST www.netto.co.za 8 Why you need a Will 1 A Will is the only way a person can ensure that his/her estate will be divided according to their wishes after death 2 If there is not a valid Will at the time of death, the estate will be inherited according to intestate rules. These rules can be both impractical and inflexible 3 With intestate succession, the incorrect people may inherit 4 If there is no Will and the value of the estate is more than R 200 000, the Master of the High Court will convene a meeting of family members in order to appoint an executor. This causes a delay and is a costly and time-consuming process. The estate will be frozen whilst it is being wound up 5 The Master may also require the executor to provide security. This will usually take the form of a security bond from a short-term insurance company for the value of the assets reflected in the preliminary inventory 6 A person still in distress over the death of a loved one is faced with many requirements from the Master and often has no idea where to start. If there is a Will, the instructions of the testator will be followed and the appointed executor will assist the family 7 Unpleasant situations of heirs squabbling over assets could easily arise if there is no Will 8 Where a person leaves no Will and has minor children, their inheritance must be paid to the Guardian’s Fund until the child reaches majority. Not only may the rate of return on the assets be low, but other administrative and practical difficulties may arise 9 The Will can be used as a tax-planning tool. For example, the deceased’s estate duty position can be reduced by means of bequests in the Will to a surviving spouse or charity, as well as the optimum use of the R 3 500 000 estate duty abatement 10 Should one wish to become an organ donor: The Organ Donor Foundation website www.odf.org.za provides information about becoming an organ donor NE T T O INVEST www.netto.co.za 9 Your Executor Article dated 15 January 2006, published in the Sunday Times, written by Chris Willis QUESTION: Can you nominate a private person as executor of your estate? ANSWER: Nominating an executor is probably one of the most important directives you will make in your Will. Nominating an incompetent executor could delay the administration of an estate by months, if not years. In terms of the regulations in the Master’s Offices, only certain qualifying institutions may administer deceased estates, although a natural person may be nominated in a will. In practice, such a person will have to confirm he will be assisted when administering the estate before the Master will issue Letters of Executorships in his favour. But nominating a natural person (for example family member or friend) as an executor in one’s will does not guarantee the appointment of the nominee, as there are certain grounds for refusing to appoint the nominated executor, such as: • A person with an interest in the estate lodging an objection against the appointment – this could happen if there is an existing dispute among family members; • Minors and mentally incapacitated persons may not be appointed. But in the case of a minor, the Master may reserve the right to appoint him/her on application once he/she reaches majority; • Insolvent persons: when a person nominated as executor is insolvent, the Master may refuse to appoint him unless he finds and furnishes security to the satisfaction of the Master for due and faithful administration of the estates; and • A natural person nominated in a Will may predecease the testator\testatrix and if the will is not updated, it may be that the testator\testatrix then passes away without an executor. Many of the abovementioned problems would not be an issue if a professional, institutional executor were appointed. Executor’s remuneration is set by government regulation at 3.5% (ex VAT) on the gross value of the estate. This fee is subject to review by the Master and may be reduced. Having a private individual nominated as an executor may enable one’s executor to “shop around” for a cheaper administration fee. But unless he has insight into the fiduciary services industry, it may end up being a matter of “you get what you pay for”. Referral from friends who have been through the process of estate administration, making enquiries at the Master’s Office or your financial planner may assist you to decide who to nominate as executor. NE T T O INVEST www.netto.co.za 10 Your Will The Will still remains one of the most important documents that a person will sign during his/her lifetime. A Will is a legal document that contains the wishes of the deceased regarding the distribution of his/her assets. It is the most important instrument used in estate planning, particularly when considering bequests to a surviving spouse. The Will has the advantage that it can be reviewed and revised as often as necessary in the light of changing family or financial circumstances. A clear and concise Will can ensure that the final winding-up of the deceased’s estate will be as smooth as possible, resulting in the least possible difficulty, delay and financial loss to the estate. Where a Will is not drawn up, a person will die intestate. This means that the conditions of the Intestate Succession Act 81 of 1987 will automatically apply. In practice this could leave many problems for your beneficiaries, such as disputed claims and lengthy time delays. It is these problems that can be avoided by drawing up a comprehensive Will. A Will is the only means by which the deceased’s estate can be distributed amongst the heirs according to his/her wishes and subject to any conditions that he/she may wish to impose. It is particularly important that the Will should be reviewed periodically, especially where the marriage is “in community of property” and where there is a large estate. In this case, the assets may be in the name of the husband, but on his wife’s death he could find himself virtually dispossessed of half of “his” assets if his wife had no Will or if she had an old Will which was drawn up before the value of the assets were significant. No estate planning should ever be done in isolation. For this reason, it is essential that your aims and objectives as to the distribution of your assets amongst your beneficiaries after your death are known to the person assisting you with your financial planning. NE T T O INVEST www.netto.co.za 11 Wills Glossary Accrual a method for calculating the division of assets on death or divorce Issue a person’s children, grandchildren and all other lineal descendants Asset something owned such as property, a vehicle or money in the bank Master of the High Court Beneficiary a person who benefits in terms of a Will or from a Trust the Court’s representative who oversees the administration of deceased estates, trusts, insolvent estates and the care of Minors Bequeath/Bequest Minor to give something by Will to another Codicil an alteration to an existing Will which must be signed in the same manner as a Will is signed a person under the age of 18 who has not achieved majority through marriage or a court order Per Stirpes a stipulation that, should a beneficiary predecease the testator, the beneficiary’s share of the inheritance will go to his or her heirs Collation the legal obligation of an heir to bring into an estate any benefits received from a Testator/Testatrix during their lifetime Community of Property a marital property system in terms of which spouses share their assets and liabilities equally Descendants a person’s children, grandchildren and all others descending from that person Estate a person’s assets and liabilities Power of assumption the power granted to an Executor or Trustee to nominate other persons to be appointed as co-Executor or co-Trustee to assist them Executor / Executrix a person appointed to administer and wind-up an estate on death of another Guardian a person who looks after the interests of people, such as children, who cannot look after their own affairs Immovable property land and the fixed structures built on it Should one wish to become an organ donor: The Organ Donor Foundation website www.odf.org.za provides information about becoming an organ donor. NE T T O INVEST 12 Representation where a nominated heir dies per stirpes before the Testator/ Testatrix and the deceased heir’s issue inherit the deceased heir’s inheritance in equal shares Residue all that is left of an estate after all debts, taxes, legacies and bequests have been paid Testator/Testatrix a male / female person who makes a Will Trust an agreement in terms of which property is held for one or more beneficiaries by a Trustee or Trustees Trustee a person who holds property and looks after it on behalf of someone else DISCLAIMER: This Wills Glossary is provided for information purposes only and does not constitute legal advice. Please contact us directly with any questions you may have in this regard. www.netto.co.za 12 ABSORBING THE SHOCK: PREPARING THE SPOUSE The process of administering a deceased estate Above all else, estate planning should address the emotional needs of individuals. A spouse should be prepared as much as possible to meet the economic and emotional problems arising from their partner’s death. Both husband and wife should realise that failure to communicate about estate planning matters will aggravate the serious problems faced by the surviving spouse and family. Tragically, should the husband predecease the wife (an actuarial probability), the widow may be required to make some difficult financial decisions with limited knowledge. THE PROCESS OF ADMINISTRATION A deceased’s estate consists of assets and liabilities at the date of death. The administration of a deceased estate is the process whereby the liabilities are settled and expenses are paid, with the remainder of the assets, if any, being transferred to the nominated beneficiaries. The person responsible for the administration of the deceased estate is known as the executor. This appointment is approved by the Master of the Supreme Court who keeps a watchful eye over the executor in the performance of his or her duties. The administration process is summarised as follows: 1. A first interview with the relatives to obtain essential information and have documents signed 2. Reporting the estate by handing in the death notice, inventory, original Will and the acceptance of executor to the Master of the Supreme Court 3. The opening of a main file and sub-files for correspondence, documents, assets, liabilities, cheque account and the liquidation and distribution account 4. Letters to creditors and debtors in order to determine claims for and against the estate 5. Obtaining valuations of movable and immovable estate assets 6. The completion and submission of an income tax return 7. Receipt of the letters of executorships 8. Placement of the notice to creditors in the Government Gazette and in a newspaper 9. Opening an estate bank account 10. Determining a suitable method of administration in consultation with the beneficiaries 11. The collection of sufficient cash to settle outstanding debts 12. The preparation and submission of the liquidation and distribution account (sometimes also referred to as the executor’s account or the estate account) 13. The placement of a notice in the Government Gazette and in a newspaper to the effect that the liquidation and distribution account is open for inspection 14. The payment of any outstanding debt and the payment and/or transfer of legacies and inheritances to beneficiaries 15. The payment of Master’s fees 16. The payment of estate duty, if the estate is dutiable 17. Fulfilment of the Master’s final requirements 18. Receipt of filing slip from the Master NE T T O INVEST 13 www.netto.co.za 13 Notes ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Physical Address: 301 Howard Terraces Corner Howard Drive and Forest Drive Pinelands, Cape Town Telephone: 0861 001 356 International: +27 21 530 1260 E-mail: [email protected] Web: www.netto.co.za Netto Invest (Pty) Ltd REG NO. 2014/114632/07, which is registered as an Authorised Financial Services Provider, Licence No. 17699. Founder: Debbie Netto-Jonker CFP®. Directors: Ian Beere CA (SA) CFP®, Morné Bezuidenhout B. Com LLB CFP®, Cameron McCallum CA (SA) CFP®. Associates: Richard Sparg CA (SA) CFP®, Gareth Leonard CA (SA) CFP®, Ryan Winter B.Com CFP®. NE T T O INVEST www.netto.co.za 14
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