By writing a will you guarantee that your assets are dealt out in accordance with your wishes after you pass away. This is called “freedom of testation” and is protected by law.
Attorneys can counsel you regarding any problem that may arise with regards to your will. Attorneys have the necessary knowledge and skill to make sure that your will is valid and complies with your demands. Often a will is not valid because the person who drafted it did not have the necessary legal knowledge to make sure that the requirements of the law are adhered to.
If you pass away before you can draft a valid will, all your assets will be circulated according to the stipulations of the Intestate Succession Act. The rules set out by this Act are generally regarded as fair and make sure that your possessions are reassigned to your spouse and/or children.
However, the following issues might occur if you pass away without leaving a valid will:
Estate planning is an essential part of financial planning. Your ‘estate’ means everything you own (your assets and any assets deemed to be yours) and do not own (your liabilities). Estate planning is all about how you intend to dispose of your assets (after paying off your liabilities) when you die. The more complex your finances, the more essential it is that you get expert advice.
A useful booklet, recording a clear record of your funeral wishes, a source of important documents for legal and public records, and a permanent keepsake of your fondest memories to speak to future generations. Please complete this document and place in safekeeping together with your will and other important documents. Notify your next-of-kin where these important documents are located. View/Download
We are able to offer expertise in the following areas of the law:
Bregman Moodley Attorneys Inc. 2015/089214/21
Physical Address: Suite 314, 3rd Floor, Office Towers, Killarney Mall, 60 Riviera Road, Killarney, Johannesburg, South Africa
Directors: Roy Bregman & Sharusha Moodley
Attorney: Benita Dayaljee
Associates: Melani Scholtz, Renthia Neethling & Abdul Buckus
Consultants: Sarah-lynn Tennant