Your Will

Amor Vittone has found herself in the middle of a will drama as Joost van der Westhuizen’s brother has produced another will that may leave her with nothing but a TV.

Amor’s lawyer Sean Hefferman confirmed that there was an “uncertainty” around Joost’s estate.

He also confirmed that the Master of the High Court refused to accept the will produced by Joost’s brother because Joost did not sign it.

“There is a dispute into the validity of the will that has been submitted to the Master of Court [by  Joost’s brother]. We are also in the process of submitting the initial will‚ which we are in possession off‚ so it may be considered‚” he said.

DON'T LET THIS HAPPEN TO YOU!!!!

If you die without a will, it means you have died “intestate.” When this happens, the intestacy laws of the country and province, where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death.

9 Questions to Consider Before Preparing Your Will

1. Who will be the executor of your Will?

 If you are married, your primary executor is typically your spouse. Other primary or successor executor options might be one child, all of your children together, a sibling, etc., or a bank/trust company, which can be named in case of a common disaster (all immediate family members die before your estate is distributed).

2. When you die (or if married, when the last spouse dies), will your estate go directly to your children/beneficiaries?

Choosing your heirs. Without a Will, the law of intestate succession will determine who they are. 

3. At what ages should benefits be distributed to heirs?

You could choose to have them receive it all at a certain age (for example, age 25)

4. If you have children, will you treat them differently in your will?

 Some of your children may have greater financial burdens, such as a child with special needs.

5. Who will you name as guardians of your minor children in your will? Don’t name a couple if you only want one of them to serve, and be sure to name a successor. Don’t count out a generation above you. Naming your parents could be a smart option.

6. Do you need to deal with children from a prior marriage?

 Not doing so may cause severe problems for your spouse after your death and create hard feelings among your children.

7. Do you have a method of distributing items of personal property or heirlooms in order to avoid a family fight?

Have you already had conversations with family members so that this is not surprising at your death?

8. Will your spouse know what your assets and liabilities are after your death?

 One wise thing to do is to keep one file drawer at home dedicated solely to assets, and one to liabilities, and show your spouse where they are now. Make sure your spouse knows where all personal vital documents are stored and how to access them.

9. A living Will

A living Will, also called a directive to physicians or advance directive, is a document that lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions. It has no power after death.

I will contact all our clients that have not updated or done their Wills during the month of April.

Check-list

       Married Ante-nuptial contract with/without accrual or COP

       Joint Will Y/N

       Children beneficiary

       Children guardian

       Event of dying first

       Executors Sanlam trust etc

       Age of beneficiary’s

       Organ donor Y/N

       Cremated/buried

       What to do with your ashes

       Living will