South Africa: Wills/ Intestacy/ Estate Planning

South Africa's proposed Regulation of Trusts Bill, 2026 introduces a substantially more developed regulatory framework that moves trust administration towards a world where good governance must be demonstrable rather than assumed. The Bill signals a fundamental shift from viewing trusts merely as legal structures to recognizing them as governance arrangements requiring careful documentation, investment oversight, and succession planning that extends beyond the original founders.

Section 37C of the Pension Funds Act (PFA) is crucial for ensuring the equitable distribution of pension benefits after a member's death.

The Guardian's Fund (hereinafter referred to as the ‘Fund') was established to administer the funds of various persons who cannot do so themselves.