Wills and Estate Planning

Home/Wills and Estate Planning

Divorce: Remember to Review Your Will!

“It has long been a foundational principle of our common law and the legislation that has governed the law of testamentary succession that a will, properly executed, is the document that authoritatively reflects the genuine and voluntary dispositions of a testatrix.” (Extract from judgment below) Most people when making wills and estate plans will lean toward leaving all or most of their estate to a spouse in one form or another. But if things fall apart and divorce looms it is easy

Living Wills: 6 Myths Busted

Health issues and mortality are facts of life, no matter how remote they may seem at the moment, nor how distressing they are to contemplate. For your family’s sake as well as for your own, make sure that you have a Living Will (or another form of “advance healthcare directive” such as a Durable Power of Attorney for Healthcare) in place. While you’re at it, check that your loved ones also make Living Wills. 6 Myths Let’s get some pervasive myths about

Generational Wealth Planning – To Your Children and Beyond!

“Are we being good ancestors?” (Jonas Salk) What do you plan to give your family this Festive Season? Now’s the time to think beyond the brightly wrapped gifts under the tree and get started on an estate plan which will leave your loved ones the lasting gift of financial freedom. Estate planning involves a lot more than just executing a valid will, but let’s start off with a reminder that a will must always be your top priority. Your will is the heart

Your Will Can’t Wait: The Tragic Case of a Mother Who Took Too Long

“We are such stuff / As dreams are made on, and our little life / Is rounded with a sleep.” (Shakespeare) We aren’t comfortable thinking about our mortality, but death comes to all of us and it is our loved ones who will suffer if we don’t make plans to look after them whilst we still can. First prize here will always be a full estate planning exercise, but at the very least put a will in place. There is no other

Don’t Just Leave Your Loved Ones Assets – Leave Them a Legacy!

“A Legacy Letter is a way for you to share your values, life lessons, cherished memories, hopes for your family’s future, and anything else that is really important to you.” Estate planning is key to ensuring that your loved ones are properly catered for after you are gone. Ideally go beyond the practical and financial issues and also leave something personal, something of yourself. Follow these three simple steps to ensure that you don’t just leave behind assets, but also a lasting

Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!

“Death is not the end. There remains the litigation over the estate.” (Ambrose Bierce) Your will (“Last Will and Testament”) will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept. By not having his will drawn by a professional, a father inadvertently caused one of his children to be disqualified from inheriting her intended share, whilst her husband was disqualified from being appointed as

Why Life Partners Still Need Cohabitation Agreements and Wills

“Census data of 2016 reveals that approximately 3.2 million South Africans cohabit outside of marriage and that this number is increasing steadily.” (Extract from judgment below) What happens if your life partner dies without leaving you anything in their will (“Last Will and Testament”)? Do you have the same protections as married spouses do? A lot of the media coverage around the recent Constitutional Court decision dealing with this question may have given the impression that life partners are now as fully

Don’t Let Delays in the Master’s Office Leave Your Family in Financial Distress

“Someone’s sitting in the shade today because someone planted a tree a long time ago” (Warren Buffett) Whilst the first and most important step in your estate planning is always to have in place a professionally drawn and regularly updated will (“Last Will and Testament”), there is another aspect which demands your urgent attention, particularly now… What will your family live on while an executor is being appointed? It is essential that you provide for your family’s ongoing financial needs during the process

Be Prepared for The Cost of Dying

“No matter how much you’ve been warned, Death always comes without knocking” (Margaret Atwood) No one wants to contemplate their own passing, but the reality is that sooner or later it is inevitable, and particularly in these dangerous times we need always to be prepared. The loss of a loved one is always distressing. It can however be compounded by the challenge of dealing with their assets.  Few people appreciate all the costs involved in settling an estate. Understanding these expenses and planning

Life Partners – You Still Need a Will and a Cohabitation Agreement!

A recent High Court decision has been widely viewed as an important victory for the rights of unmarried opposite-sex life partners. Until now, if one such partner died intestate (without making a will), the other could not inherit on the same basis as could a married spouse. Nor could the surviving life partner claim maintenance from the deceased estate (whilst a surviving spouse can claim). The High Court’s pronouncement that the relevant legislation was unconstitutional and invalid in this regard must