One single incident during every individual’s life, binds all earthlings together: the unfailing and irreversible fact that we will all bid this living planet farewell on our journey to the end of time. For some this is a daunting thought, for others an escape to paradise. No matter how we wrap our minds around the phenomenon of death, it is those whom we leave behind who are impacted most by the loss of a loved one, a breadwinner, an employer and a friend. At De Beer & Claassen Attorneys we make it our primary responsibility to ensure your exact wishes are executed in order to take care of your loved ones, after death.

A will is a legal document that dictates the distribution of your assets and liabilities after you have passed on. In the event that there is no will, your estate will become “intestate”, which means that the Intestate Succession Act of the government will determine how your assets will be distributed, often with disastrous consequences! Contemplating one’s passing is difficult enough and understandably going through the process of establishing and periodically reviewing a will is arduous. As difficult as it seems, it is of utmost importance that we all keep our wills updated and relevant on a regular basis. We know that life changes every day. Some of these changes pass unnoticed; others make a direct and significant impact on both our lives and our estates. Legally speaking there are many more factors that deserves consideration in terms of updating a will, than meet the eye.

-          Changes to the structure of your family is certainly one of the most important reasons to have your will updated. This includes the birth or death of a child or a grandchild, marriage or divorce of either yourself or a beneficiary, the coming of age of children or grandchildren, the adoption of a new family member, an affirmation or change of appointment of godparents or guardians.

-          Changes in your assets is another important element when updating your will. The accrual or loss of property and business needs to be updated in your will regularly

-          Estate and tax laws are constantly changing, therefore it is recommended that you regularly check that your will is compliant.

-          Changes in executors and trustees must be reflected.

-          The passing of time in general is a good reason to have your will reviewed and updated.

An important factor to bear in mind is that updating or amending your will does not entail recreating the entire will, so there is no need the draft a brand new will. Another is to establish whether a will is the correct vehicle to carry out your wishes. A trust can in certain circumstances be a more flexible vehicle with plenty of additional benefits. Lastly the appointment of a power of attorney to act on your best behalf when you are unable to do so is crucial to your will.

There are a few important guidelines to follow when updating and amending your will. Do not use excessively complicated or misleading terms and phrases as this could leave plenty of room for argument between heirs and beneficiaries. Do not become obsessive with tax savings and thus forget to fully take into account the practical needs of the heirs and beneficiaries. Ask your heirs and beneficiaries what they want so that their inheritance does not become a burden to them, and importantly, choose your executor carefully.

There are however things that should not be included in your will. Property that is owned outside of the borders of the Republic should be taken care of in a separate trust.  Life Insurance that already has a beneficiary does not need to be included in your will. Avoid leaving funeral instructions in your will as the settling of the estate realistically does not happen until after the funeral. A separate document with your funeral wishes can be placed in your loved one’s safe keeping, or as an attachment to your will. Care for a special needs person should be left in a trust rather that a will, and lastly avoid leaving gifts or money for illegal purposes.

The process of drafting a will, complying with all the regulations and keeping your will updated is certainly tedious; a vast array of legal compliances can make this very important document one of great complexity. More so the process of execution of your will also goes hand in hand with a great amount of grief. With more than six decades of experience in drafting wills, executing last wishes and settling estates it is our pleasure to assist you with compassion and honesty.