A will is a document which will encompass\nthe management necessary to execute an estate and all that which falls into an\nestate such as assets and liabilities which will be distributed according to\nthe wishes of the person whom the will is drafted on behalf of.<\/p>\n\n\n\n
When\nshould I start thinking about writing or\ncreating a will?<\/strong><\/p>\n\n\n\n Usually one would start thinking of the\nneed for a will once they have accumulated any assets which one finds worth\ndistributing once they die.<\/p>\n\n\n\n This does not mean to say that only when\none is ill or old one makes a will, allot of the time people create wills when\nthey have children or get married so that if anything were to happen to them\ntheir legacy as it were would carry on even after they have died or in order to\nhelp family support themselves financially, especially in the case where the\nsole bread winner dies.<\/p>\n\n\n\n What\nhappens if I don\u2019t have a will?<\/strong><\/p>\n\n\n\n If someone dies without a will this means\nthat their assets will devolve unto their next of kin and other family members\nas there are no specific wishes of the deceased or when the will is invalid\nbecause it does not follow the requirements of the Administration of Deceased\nEstates Act. This is called intestate succession.<\/p>\n\n\n\n This process is usually more time consuming\nas it will take longer to administer and it places a disadvantage on certain\npeople who may not inherit from the estate as you might have wanted or intended\nthem to.<\/p>\n\n\n\n What\nmakes a will valid in terms of our law?<\/strong><\/p>\n\n\n\n A will MUST be in writing which must be\ndated and signed by the person whose will it is. This is usually witnessed by\ntwo other people. A will may in certain circumstances be \u201csigned\u201d by way of\nthumb print and or seal if one is mentally or physically unable to sign, they\nmust however understand the will as a whole before any \u201csignature\u201d may take\nplace.<\/p>\n\n\n\n When\ncan a will be challenged?<\/strong><\/p>\n\n\n\n One can challenge a will for many reasons\nsuch as there is a question to whether the person had drafted their will in\nduress, where it is questionable whether such person is incompetent or was\nunable to comprehend what is in the will when drafting the will or where one\ndid not meet the proper requirements to make such will legal and valid\naccording to the law.<\/p>\n\n\n\n Where\nare wills kept?<\/strong><\/p>\n\n\n\n As attorneys when we have drafted a will on\nbehalf of a client we ask the client whether they are indeed happy with such\nwill. Thereafter the client will sign the will which will be witnessed. Once\nthat process is completed the file is put into securities where it is safe\nagainst theft, fire or any act of God.<\/p>\n\n\n\n What\nis a testamentary trust?<\/strong><\/p>\n\n\n\n A testamentary trust is a trust created\nwithin a will which would hold property for the future in order to benefit\nanother person whom you nominate. For example most people hold money or assets\nin trust for their children for when they reach the age of 25 years old as they\nwill be more competent to utilize it at that age.<\/p>\n\n\n\n What\nis a living will?<\/strong><\/p>\n\n\n\n A living will is a separate document which\nis usually attached to a will which states that in the event that someone is\nhospitalized and medical intervention will not save one\u2019s life for the hospital\nto cease any procedures which will only prolong one\u2019s life and or suffering.\nThis usually occurs when one is terminally ill or permanently unconscious. <\/p>\n\n\n\n
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