Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

I am an SFP affiliated Financial Advisor

No. 215 – A smart way to cut estate duty without triggering unnecessary tax

by | Jul 29, 2025 | Estate Planning, Financial Planning, Investment, Tax

Question

My father is a widower and has just been diagnosed with cancer. The prognosis is not good and I’m assisting him in tidying up his affairs to make the inheritance process easier. I am his only child. His assets consist of a house worth R4 million and various share investments worth R8 million.

To reduce his estate duty bill, we are thinking of transferring the house to his only grandchild while he is still alive. Does this make sense? Are there any other factors we should consider?

Answer

While it may seem like a good idea to transfer assets before death to reduce estate duty, doing so can actually result in higher tax costs during your father’s lifetime. This is because of:

 

  • Immediate payment of Capital Gains Tax (CGT)

If your father transfers the house to his grandchild now, he will trigger a CGT event. He will need to pay tax on the growth in value of the property from when he bought it until the date of transfer. This could be substantial, especially if the house has appreciated significantly.

 

  • Donations Tax

Donating the house (valued at R4 million) to the grandchild will also trigger donations tax at 20% on the value above the R100,000 annual exemption. This means that your father will have to pay donations  tax of R780 000

 

  • Transfer Costs

The transfer will also incur costs like conveyancing attorney fees, deeds office charges and transfer duty

 

This approach would result in a high immediate tax burden (CGT + donations tax + fees) without actually reducing the tax payable, because donations tax is charged at the same rate as estate duty (20%). Additionally, the value of these taxes is paid during your father’s lifetime, reducing the capital available for investment and growth.

 

Alternative Strategy

An alternative solution that is worth considering is the following:

 

Your father’s estate is worth R12 million.  He will get the R7 million estate duty abatement. This means that R5 million of his estate would be dutiable which, at a rate of 20%, means that he would be paying R1million in estate duty.

 

One of the few options that are open to him is to make use of disallowed retirement contributions.  I have written about this before( see Daily Maverick 168 of 7 June2025)

 

To recap briefly, if you buy a retirement annuity that is worth more than the lesser of R350,000 or 27.5% of your taxable income, the excess contributions are classed as disallowed contributions.  If you purchase a living annuity with that money and your beneficiaries elected to receive the proceeds of as an annuity when you die, then this amount will not trigger estate duty.

 

Consider this scenario

  • Your father buys an RA for R5 million (which is above the allowable deduction threshold)
  • The excess contributions are classified as disallowed for tax purposes.
  • He then converts this RA into a living annuity.
  • If your child (his grandchild) is listed as the beneficiary of the living annuity and chooses to receive the benefit as an income stream, no estate duty will be payable on this amount at your father’s death.

 

This will result in the following:

  • Saving of R1 million in the state duty as the living annuity falls outside the estate for estate duty purposes.
  • Saving of R200 000 in executor fees as the living annuity has a beneficiary and need not be dealt with by the executor.
  • The income paid to your child will be taxable in their hands, but since they will likely have little to no income while still young, the tax will be minimal, if any.
  • This structure can fund education, living expenses, or long-term income.  This is a fantastic way for your father’s legacy to live on.

 

While it is never nice to think about death, A bit of planning can make a material difference to the amount of money that leaks from an estate when there is a death. I would strongly recommend that you do speak to a suitably qualified professional before implementing any of these ideas because I’m only seeing part of your financial picture and there may be other factors that need to be taken into account.

KENNY MEIRING IS AN INDEPENDENT FINANCIAL ADVISER

Contact him via phone, email or via contact phone on the financialwellnesscoach.co.za website

Read more of our articles on the Daily Maverick website or newspaper weekly!

Jun 01 2026

No. 257 – Managing financial affairs after a loved one dies

Question My father passed away recently, and I am helping my mother sort out the finances. We are overwhelmed and don’t know where to start. There are debit orders...
Jun 01 2026

No. 256 – The numbers behind a university flat investment

Question I bought a flat for my children to stay in when they went to university. My last child graduated at the end of last year. Should I sell the property or rent it...
Jun 01 2026

No. 255 – Don’t let short-term panic derail long-term plans

Question I recently received the quarterly statement for my investments and was shocked to see how much they have fallen. What should I do?Answer When you open an...
Jun 01 2026

No. 254 – How you can protect your finances when faced with retrenchment

Question I am 50 years old and work for a large company. We have been told that the company will be going through a retrenchment process and that my role may be...
Jun 01 2026

No. 253 – Navigating the tricky challenges the sandwich generation faces

Question I’m supporting my parents financially, and I’m also helping my adult children where I can. I don’t mind doing it because I want to help, but I’m starting to...
May 04 2026

No. 252 – A late-life divorce settlement must still work after the dust settles

Question My husband and I are divorcing after a long marriage.   I took time out of the workforce to raise our now adult children, so my retirement savings are much...
May 03 2026

No. 251 – Paying off credit card debt with a bond only works with discipline

Question I built up R80,000 of credit card debt during a difficult period. Things are now more stable, but the debt is expensive at 20.6%. I also have available credit...
May 03 2026

No. 250 – How to prepare your investment portfolio for retirement income

Question I will be retiring in three years. Should I be moving my money into the money market fund?Answer As retirement approaches, it is important to reassess your...
May 03 2026

No. 249 – How to manage retirement income in a falling investment market

Question I will be retiring at the end of June and I am horrified by what has happened to my retirement funds. They have dropped significantly since the beginning of...
Mar 29 2026

No. 248 – Savvy divorce planning starts with seeing whole financial picture

Question I am getting divorced. Everyone talks about the house, the pension and maintenance, but I do not even know where to begin. From a financial planning...

Download the Life File