Is Your Will Valid?

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

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…
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Use this time for Estate Planning

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…
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Do You Need a Will?

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

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

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…
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7 Myths About Making a Will

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…
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Your Will and a practical plan for your loved ones

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…
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Write your will today! Four good reasons to do it now

Write your will today! Four good reasons to do it now

“We used to terrorize our babysitters when I was little, except for my grandfather because he used to read to us from his will” (comic Janine Ditullio) Whether you are young or old, healthy or ailing, wealthy or not-so-wealthy, married or single – you must have a will. To Will or not to Will? Dying “intestate” (i.e. without leaving a valid will) means your loved ones must deal with a whole series of legal and financial risks just when they are least able to cope with any additional trauma. Only by leaving a valid will can you protect your family…
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