Last Will and Testament Archives - Ashersons Attorneys

04 Apr 2022

Don’t Accidentally Disqualify Your Chosen Heirs from Inheriting!

Your will (“Last Will and Testament”) will always be the keystone of your estate planning, and a recent High Court decision sounds yet another warning to beware the “do your own will” concept. By not having his will drawn by a professional, a father inadvertently caused one of his children to be disqualified from inheriting her intended share, whilst her husband was disqualified from being appointed as executor. Who is disqualified from inheriting? Our law, in the form of the Wills Act, provides that no one (or their spouse) can receive “any benefit” under a will if – They signed…

01 Sep 2021

By Andrew Goldschmidt

Estate Planning and Wills: A Checklist to Protect Your Family

Amazingly, here we are in the middle of a deadly pandemic yet still some 70% - 80% of working South Africans are said to have no will in place. That’s crazy for two reasons – Without a will your loved ones are exposed When you die your grieving family must start learning to cope without you, don’t expose them to the added uncertainty and worry that they will face if you haven’t left in place a valid will (often referred to as a “Last Will and Testament” to distinguish it from a “Living Will”). Without a will, your estate will…

02 Oct 2020

By Andrew Goldschmidt

Is Your Will Valid?

We live in particularly dangerous times, and making sure that our affairs are in order is perhaps even more vital for us all than before. Leaving a will in place is of course the only way to properly protect your loved ones after you are gone. Take steps now to ensure that it will be accepted as valid and that there is as little danger as possible of it being challenged in any way. That’s not as straightforward as it may seem, and there are many pitfalls awaiting the unwary. We discuss five mistakes to be especially avoided when making…

08 May 2020

By Ashersons Attorneys

In Times of Great Change, Make Sure Your Will is Updated!

Particularly in these times of pandemic, deadly infections and uncertainty, no one can ever say with any confidence that we will still be alive tomorrow, or next month, or next year. Now more than ever having a valid and updated will in place is no luxury to be attended to “when I have the time” or “when I am older”. The risk is that without a proper will (your “Final Will and Testament”) you die “intestate”, in which event the law and not you decides which of your heirs gets what from your estate. You have forfeited your right to…

20 Apr 2020

By Frances Everett

Use this time for Estate Planning

At present, the bulk of us are confined to our residences until such time as the lockdown (or any extension thereof) is lifted. While inconvenient, it does present the perfect opportunity to get your personal affairs in order, including Estate planning and the preparation of a Will. Why should you have a Will? By making a Will, you ensure that your assets are distributed in accordance with your wishes after your death. By exercising this privilege known as freedom of testation, you can make certain that your loved ones will be provided for after your passing. What happens if you…

30 Aug 2018

By Mame Amoateng

Do You Need a Will?

It’s natural for one not to want to make plans for one own's mortality, but we owe it to ourselves and our loved ones to do exactly that, and to do it without delay. Why? The Yale Book of Quotations quotes “‘Tis impossible to be sure of any thing but Death and Taxes,” from Christopher Bullock's book, The Cobler of Preston (1716). Simply put, sooner or later we all die ... but no one knows exactly when. Without a Will, you forfeit your right (and duty) to ensure that your loved ones are properly catered for after your death. A…

02 Aug 2018

By Mame Amoateng

We’ll draft a will for you for free during Wills Week

Ashersons Attorneys is proud to announce that we are taking part in the Law Society of South Africa's National Wills Week which is held annually from 17 to 21 September 2018. Why must you have a will? By making a will you ensure that your assets are disposed of in accordance with your wishes after your death. This privilege is called "freedom of testation". Why should an attorney draft your will? Attorneys are professionals qualified in law. An attorney can advise you on any problem which may arise with regard to your will. An attorney has the necessary knowledge and…

29 Sep 2017

By Ashersons Attorneys

Do You Need an “Advance Directive” or a “Living Will”?

If you don’t want to be kept artificially alive - without your consent and perhaps in pain and distress - long after your medical condition becomes hopeless, you need to communicate your decision now to the doctors, hospitals and loved ones who will be caring for you at the end. Incapacitation can strike without warning and at any time, so prioritise this whilst you are still mentally and physically competent to express your wishes. Living Will v Advance Directive: What’s the difference? Both are “advance health care directives”, expressions of your wishes for future care. Both become effective only when…

05 Sep 2017

By Ashersons Attorneys

7 Myths About Making a Will

If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it? To answer that let’s debunk a few of the more pervasive myths and misconceptions around those questions – Myth 1:- “I’m too young to need a will” Of course the older you get, the greater your chance of dying from illness or disease. But conversely, the younger you are the higher your risk of sudden violent death. For example our road fatality stats (amongst the highest in the world) show that 80 percent of deaths are in…

31 Aug 2016

By Ashersons Attorneys

Your Will and a practical plan for your loved ones

Whether you are young or old, healthy or ill, single or attached, you should have a Will. Without one, you die “intestate”, which means you forfeit your right to decide who inherits what, who administers and distributes your estate, and who looks after your children and their money. You owe it to your loved ones to spare them the inevitable financial and personal risks. So if you don’t yet have a will get one drawn up immediately. Here’s a practical guide to making sure that it will protect and provide for your loved ones properly. Do it properly with a…