“A man who dies without a Will has lawyers for his heirs” – Anonymous.
It is natural not to want to make plans for our own mortality, but we owe it to ourselves and our loved ones to do exactly that, and to do it without delay. Why?
- Sooner or later we all die. No one knows exactly when.
- If you don’t make a Will you forfeit your right (and duty) to ensure that your loved ones are properly cared for after your death.
- A professionally-drawn Will also greatly reduce the risk of your grieving family having to deal with uncertainty as to your wishes, bitter infighting and expensive litigation.
What happens if you don’t leave a valid will?
If you leave no valid Will when you die, our intestate law applies, with the following consequences –
- Your assets are distributed according to law, not according to your wishes. That could leave your family very vulnerable.
- Your deceased estate is administered by an executor in whose appointment you have had no say. Not ideal – rather protect your loved ones by choosing in your will an executor you can trust to act with integrity and speed.
- Equally, you have no say in who is to be appointed guardian of your minor children, nor trustee of a trust to protect their inheritances (particularly important if you are the last-surviving parent with minor children).
- Your minor childrens’ inheritance will be administered by the statutory Guardians Fund until they turn 18. Onerous administrative processes will have to be followed by them to institute claims to cover their maintenance needs.
Contact Bardine Hall at Goldberg & de Villiers Inc. today to assist you to draft your Will. She is able to assist you via electronic communication and to provide guidance on signing your Will at your home. Bardine can be contacted on email : bardine@goldlaw.co.za today.