A Will is a declaration in a prescribed form of the intention of the person making it of the matters which he/she wishes to take effect after his/her death.
Yes, two guarantors (sureties) are required by the High Court by way of bond equivalent to the gross value of the deceased’s assets.
Yes, the consent from all members of the family is required. Any beneficiary who is not applying to become the administrator will have to renounce his/her right to the appointed administrator.
The estate of the deceased will be frozen. The immediate family needs to apply for a Letter of Administration (LA) to unlock the deceased’s estate before able to transfer it to his/her family members i.e. the legal beneficiaries.
An authority given under the seal of the Court for the administration of the estate of a person who has died without leaving a Will.
A Court order that formally authorizes the executor to administer the deceased’s estate according to the Will.
When there is a Will left behind by the deceased, the immediate family will apply for a GP. However, when he/she dies without a Will, the family member have to apply for a LA.
A Trust is an instrument where the creator of the Trust called the “Settlor” entrusts and transfers the ownership of his/her assets to another person called the “Trustee” under a Trust Deed. The Trustee then acts for the benefit of the named beneficiaries in the Trust Deed for a specific period of time.
An Insurance Trust is a trust funded by insurance policy. It is created through signing of a trust deed by the client (policyholder) and a Trust Corporation (the trustee). Then the client will absolute assign the policy to the trustee. The trust deed contains instructions to the trustee on the manner of management and distribution of the insurance proceeds upon the client’s death or disability.
The company is a separate legal entity when it was incorporated. Thus, the house he is staying belong to the company not him. He cannot will the house away in his Will. However, he can will indirectly through willing away his holding of shares in the company to his beneficiary.
Yes, despite the fact that she is a beneficiary she is merely an executor for the money paid out from the insurance policies. Your legal wife and children have a right over the money she receives. To protect her, state in the Will that this money is for her.
A will can be written in any language. However, where the Will is not in English a translation certified by a court interpreter or a translation verified by the affidavit of a person qualified to translate must be annexed to the application for Grant of Probate.
Yes, only the movable assets in a foreign country. The immovable assets will follow the law of the country of domicile.
Advise to write a seperate will for the specific immovables in that country.
Yes, provided it is signed by testator and the same witnesses. However, it is always advisable to write a new one to avoid future complications.
Yes, you can. In this case, it is advisable to keep good records of your assets as you do not wish your family members to ‘treasure hunt’ your assets once you are no longer with them.
Certainly, a Will only takes effect upon your death.
Yes, you should. It is advisable to will your joint account back to the joint holder as the joint bank account does not specify the percentages of the respective share in the joint account.
No, the new assets will fall under the residuary clause and be distributed accordingly. However, if you do not want the beneficiary named in the residuary estate to benefit from these new assets, then you need to write a new Will and name your preferred beneficiary for the new assets acquired after the date of the Will.
Yes, he has to. Thus, it always advisable to purchase a Mortgage Reducing Term Assurance (MRTA) to pay for any outstanding loan should you pass on suddenly.
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