Despite the importance of estate planning, too few South Africans have a valid will leaving families vulnerable to lengthy legal battles, unexpected taxes, and emotional disputes over property. With September marking Wills Month, now is the ideal time to get informed about wills, trust, and the critical role trustees play in safeguarding your legacy.

Trustees are entrusted with managing assets and property according to the wishes of the deceased. But even with good intentions, many trustees make avoidable mistakes that can derail the process and harm beneficiaries.

Here are five common missteps trustees make in South Africa:

1. Choosing the wrong trustee

Appointing a trustee is not just a symbolic gesture, it’s a strategic decision. Many people choose close friends or family members without considering whether they have the time, financial literacy, or impartiality required.

According to Gerard Abrahamse a spokesperson ASI Property, poor trustee selection is one of the leading causes of trust mismanagement. That’s why it’s important to choose someone who is responsible, financially savvy, and emotionally neutral. For complex estates, appointing a professional trustee with legal or financial expertise can make all the difference.

2. Failing to transfer property into the trust

Setting up trust is only the beginning. Assets such as homes, vehicles, and bank accounts must be formally transferred into the trust. If not, they remain in the founder’s name and may be subject to estate taxes or delays.

Families often face frustrating delays and unexpected costs when property titles aren’t updated to reflect trust ownership. To prevent this, ensure all assets are legally registered in the trust’s name. Property specialists like ASI Property Group can guide you through the process and help avoid costly oversights.

3. Founder retaining too much control

It’s common for founders to continue managing trust assets as if they still own them. But this can backfire courts may declare the trust invalid if it appears the founder hasn’t relinquished control.

South African law requires trustees to act independently. Mixing personal and trust assets can lead to serious legal consequences. Keeping trust assets separate and allowing trustees to manage them without interference is key to maintaining the trust’s legitimacy.

4. Ignoring tax responsibilities

Trusts have specific tax obligations in South Africa. Many trustees are unaware that they must file tax returns for the trust or misunderstand how trust income is taxed.

SARS taxes trusts at a flat rate of 45% on income retained within the trust making tax planning essential. Consulting a qualified tax professional ensures the trust remains compliant and financially efficient, helping to avoid penalties and unnecessary costs.

5. Trustees acting alone

Trustees must act jointly. When one trustee makes decisions without consulting the others, it can lead to disputes, invalid decisions, and even legal challenges.

Lack of communication among trustees can jeopardise the trust’s integrity. Regular meetings, documented decisions, and open dialogue are essential to keeping the trust running smoothly and in line with legal requirements.

With so many South Africans still without wills, families are often left navigating emotional and financial chaos after a loved one’s death. Proper estate planning including a valid will, a well-structured trust, and competent trustees is essential to protecting your assets and your family’s future.

Partnering with experts like ASI Property can simplify the process and ensure your estate is managed with care and professionalism.

This Wills Month, take the time to review your will and trust arrangements. Avoid common trustee mistakes by staying informed and working with the right professionals. Your loved ones will thank you.

Don’t wait until it’s too late — safeguard your family’s future today.

To get your Will done and ensure your legacy is protected, please get in touch with our ASI Wealth team. We’re here to guide you every step of the way.