The importance of a will
The way to counter this is to get a lawyer who you trust to draw up a will in terms of your wishes.
Do you want someone you do not particularly like to inherit some of your property when you die?
I do not think anyone does.
“This is why a will is a must,” says local attorney Mike Smuts.
“Let us presume that you do not like your son or daughter in law and they are married in community of property. If you do not have a will this person would have a half share in whatever your son or daughter inherits. Even if they are married by ante nuptial contract with the accrual system, this person could still inherit and if there is no will this person may also get some of your property.
“The way to prevent this is to draw up a will that states that the inheritance will be excluded from the community estate or form part of the accrual.
“What about your minor children? If there is no will their share of your estate is invested by the Master of the High Court at very low rates. The Master will appoint a trustee to look after their interests mainly for their own benefit.
“The way to counter this is to get a lawyer who you trust to draw up a will in terms of your wishes. There are many trustworthy attorneys out there.
“The attorney for example would suggest that you make provision for a trust for your spouse after his/her death. You could nominate someone you trust to be the executor or trustee, or both.
“It will be best if you know the attorney or friend and he lives nearby. If you do not know an attorney, get references from friends. You shouldn’t necessarily take the first one recommended. Whatever you do, do not buy a blank will from a bookstore and try to do it yourself. Would you take your car to a green grocer for a service?
“There is a lot more involved. That is why I recommend that you get professional advice.”
