It’s not an easy topic, but it is one that should be thought about on a regular basis. Drafting a Will often feels too much like planning for the inevitable. What happens to my wordly possessions when I am no longer around?  Not something anybody readily wants to think about.

 

At any point in your life where there is a change i.e. marriage, birth of a child/grandchild, death or divorce, these situations need to be taken into consideration when reviewing your Will. Moreover, with changes in the law and legislation, you should redo your Will every five to ten years.

 

If you haven’t signed a Will and you pass away, your estate will be dealt with in terms of intestate succession. This means that your estate will devolve upon your immediate family and should you have minor children, such inheritance will be paid to the Guardian’s Fund at the Master’s Office. This is not the best outcome and may cause undue hardship. So the first thing is to ensure you have a Will in place.

 

Just as important is to ensure that you appoint an executor whom you trust and believe will be qualified for the job of administering your estate. Emotions of your family members will be running high and we would suggest that you leave one less decision for your family members to make and choose someone capable and independent.

 

Specifically in cases of divorce, in terms of Section 2B of the Wills Act, if you have a Will with your ex-spouse as beneficiary and you pass away within 3 months of being divorced, your ex-spouse will not inherit in terms of your Will. The legislation stipulates that it will be presumed that your ex-spouse died before the divorce. However, if you have not changed your Will after getting divorced, three months go by and you then pass away, it is assumed that you still wish for your ex-spouse to inherit from you and that will be how your estate is distributed.

 

It’s never too early to think about drawing up a Will or to think about revisiting your Will. Do not hesitate to contact our offices if you are thinking about drawing up a Will or revisiting an old Will. We would be happy to assist you with the process. 

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