Understanding How Each Works, and Choosing What’s Right for You
When it comes to estate planning, one question always arises:
“Should I have a will or set up a trust, and what’s the difference?”
Both tools form part of a sound estate plan, but they work in very different ways. A will takes effect when you pass away, while a trust can protect your assets during your lifetime and beyond.
Choosing correctly depends on your financial goals, your family structure, and how much control and protection you want over your estate.
The Role of a Will in Estate Planning
A will is a legally binding document that records how you want your assets to be distributed after your death. It can also appoint guardians for minor children and name an executor to handle your affairs.
Having a valid will ensures that:
- Your estate is distributed according to your wishes;
- The process is clearer and faster for your loved ones; and
- Unnecessary disputes or delays are avoided.
If you die without a valid will, the Intestate Succession Act determines how your assets are divided, which often leads to outcomes you might never have intended.
A will therefore gives you control and certainty. It is simple, affordable, and fundamental to every estate plan, regardless of wealth or age.
Understanding What a Trust Does
A trust is a separate legal entity that owns and manages assets for the benefit of others. Instead of transferring your property directly to beneficiaries, you place it under the control of appointed trustees.
There are two main types of trusts:
- Inter vivos (living) trust: created while you are alive to manage assets such as property or investments;
- Testamentary trust: created through your will and activated after death, often to provide ongoing financial support for children or dependants.
Because a trust is independent from you personally, it offers several benefits:
- Assets held in the trust are shielded from personal creditors;
- The trust continues to operate even after your death, ensuring continuity; and
- It can reduce estate duty or capital gains implications if structured correctly.
Key Differences Between a Will and a Trust
| Aspect | Will | Trust |
| When it takes effect | After your death | During your lifetime or after death |
| Who manages assets | Executor of your estate | Trustees of the trust |
| Privacy | Public record once lodged with the Master’s Office | Private and confidential |
| Duration | Ends when the estate is finalised | Can exist indefinitely |
| Asset protection | Limited protection | Stronger protection if properly managed |
| Cost and complexity | Lower cost, easier to set up | Requires ongoing administration |
A will is essential for all South Africans. A trust is optional — but valuable if your estate is complex or if you want long-term asset protection and management.
When to Consider a Trust
You might benefit from establishing a trust if:
- You own multiple properties, investments, or a family business;
- You want to safeguard assets for future generations;
- You wish to provide for minor or financially dependent beneficiaries;
- You need to ensure smooth business continuity after your death; or
- You want to minimise estate taxes and administration delays.
A trust is particularly useful for high-value estates or where dependants require structured, ongoing support. It can prevent the fragmentation of assets and allow professional management under the oversight of trustees you appoint and trust.
Can You Have Both a Will and a Trust?
Yes — and in most cases, a combination of both works best.
Your will ensures all personal assets not owned by the trust are distributed correctly. Your trust, meanwhile, protects key assets and ensures their long-term management.
For example, your will might transfer your investments and property into a testamentary trust to provide for your children, while your living trust could continue running a family business without disruption.
Together, they create a comprehensive estate plan — balancing flexibility, protection, and control.
Which Option Is Best for You?
There is no single answer. The right approach depends on your:
- Asset base and financial goals;
- Family circumstances;
- Need for privacy or protection; and
- Long-term planning objectives.
A will alone is often sufficient for a straightforward estate. However, if you want to protect wealth, maintain privacy, or support dependants long after your passing, a trust adds significant value.
The best way to decide is with professional legal advice — ensuring your estate plan reflects both your intentions and the realities of South African law.
Conclusion
Both wills and trusts are powerful estate planning tools, but they serve different purposes. A will ensures your wishes are respected when you pass away, while a trust offers protection and continuity during your lifetime and beyond.
By combining the two, you can create a structure that simplifies administration, safeguards assets, and provides lasting financial stability for your family.
Kamfer Attorneys will guide you through every step — making sure your plan is as strong, clear, and enduring as your intentions.
At Kamfer Attorneys, we help clients design estate plans that are practical, compliant, and personalised.
Our estate law team can:
- Draft or update legally valid wills;
- Establish and manage living or testamentary trusts;
- Provide tax-efficient estate structuring advice; and
- Guide executors and trustees through administration processes.
With our expertise, you can rest assured that your estate will be handled with precision, compassion, and complete legal compliance.
If you’re ready to secure your estate or need guidance on whether a will, a trust, or both are right for you, our attorneys are here to help.
We’ll help you plan confidently — protecting your assets, your legacy, and the people you care about.
