It is important to make a Will. Significant difficulties may face the next of kin of a person who dies without one and property may not end up as the deceased would have wished. It is equally important to review a Will so that it keeps pace with changes in circumstances or law
At present it is possible to change a person’s Will after their death by agreement of the executors and all those beneficiaries affected by the change, but they have to be able to consent, that is, they have to be adult, and have mental capacity. It is not possible to bring a Will into existence or to create a new gift to charity, but the statutory provisions for those without a Will can themselves be varied by agreement. Problems arise if a beneficiary is a child or a mentally incapable adult, or if the family need to vary the Will or statutory provisions. A well drafted Will, following a discussion of all the relevant details will go a long way to avoiding these problems.
Wills can be used to establish trusts that outlast the duration of the administration of the deceased’s estate, and we advise on the opportunity for tax and estate planning.
Please contact Ann Matthews or Ian Wessels
