EDUCATIONAL SERIES

Cross-Border Estates and Foreign Assets

Handling estates with assets in more than one country
Infosheet 23 of 28

South Africa has become an increasingly connected country, and many estates now include assets that cross international borders — a property abroad, a foreign bank account, an offshore investment portfolio, shares in a foreign company. Each of these adds a layer of complexity that a purely domestic estate does not have.

Cross-border estates must comply not only with South African law but with the laws of each country in which assets are held. Different legal systems, foreign tax obligations, exchange control regulations, and the practical challenge of coordinating across jurisdictions all contribute to timelines that are longer and processes that are more complicated.

This infosheet explains what makes a cross-border estate complex, how executors are expected to handle foreign assets, and what South African legal requirements apply when the deceased’s estate extends beyond our borders.

1 What Counts as a Cross-Border Estate
  • Property in another country
  • Foreign bank accounts
  • Offshore investments
  • Shares in foreign companies
  • Dual citizenship or residency
2 Why Cross-Border Estates Are Complex
  • Different legal systems
  • Foreign tax requirements
  • Exchange control regulations
  • Multiple executors or representatives
  • Delays in obtaining foreign documents
3 How Executors Handle Foreign Assets
  • Identify all offshore assets
  • Contact foreign institutions
  • Obtain valuations
  • Comply with local laws in each country
  • Work with foreign attorneys or agents
4 South African Requirements
  • Declare foreign assets in the L&D Account
  • Comply with SARS tax obligations
  • Report foreign income or capital gains
5 Tips for Families
  • Provide all foreign documents early
  • Expect longer timelines
  • Keep communication open with the executor

A Note From Our Practice

Losing someone you love is hard enough. The legal process of winding up their estate should not be a source of additional confusion or anxiety. But for most families, it is.

Estate administration in South Africa is a structured legal process governed by the Administration of Estates Act and a range of other legislation. It involves the Master of the High Court, SARS, financial institutions, the Deeds Office, and more. It takes time. It requires documents. And it can feel, at every turn, like a system that expects you to already know how it works.
We created this educational series because we believe informed families make better decisions and because the questions we are asked most often are the same ones that could be answered before a client ever walks through our door.

The CDT Educational Series consists of 28 infosheets covering the full spectrum of deceased estate administration, from the first 72 hours after a death to the final distribution of assets. Each infosheet is written in plain language, without jargon, and is designed to give you a clear picture of what the process involves and why each step exists.

Important: These infosheets are educational resources. They provide general information about the estate administration process in South Africa and are not intended as legal advice. Every estate has its own facts, complexities, and circumstances. Nothing in this series should be relied upon as a substitute for professional legal guidance specific to your matter.

Our intention is simple: to help you understand the landscape, ask the right questions, and feel confident when you come to us for help. Because when you are ready, we are here.

Cari du Toit & Aqeela Peters

Directors
Cari du Toit Incorporated Attorneys & Conveyancers