Testaments & Estates

Our Estates Department is managed by Grant Howard. He is ably assisted by Patricia Burnand who practices exclusively in this field of law and has done so for approximately 20 years. Patricia specialises in the drafting of wills and administration of deceased estates. 

WHO needs a will? 

Any person who is over the age of 16 years and has the necessary legal capacity. 

WHY do you need a will?  

You can dispose of your assets according to your wishes; 

You can incorporate estate planning; 

You can protect the bequeathed assets e.g. testamentary trust for minors, insolvent beneficiaries; 

You can nominate a guardian for your minor children; 

You can nominate an Executor/s and Trustee/s of your choice; 

You can incorporate your preferred funeral plans; 

Complications in finalising offshore estates could arise 

WHAT happens if you die without having made a Will?   

The Law of Intestate Succession will determine who will inherit if you die without a will. This could mean that people whom you did not want to inherit from you, could inherit. A further delay in proceeding with the administration of the Estate could arise from the appointment of an Executor who may have to provide security to the Master of the High Court. 

It is always preferable to have a will which specifies your chosen beneficiaries and executor and avoids the many complex problems which can arise in the absence of one. 

WHEN do you need a will? 

Good reasons to consider revisiting your will or getting one drafted, include: 

Marriage 

Divorce 

Birth or adoption of children 

Purchase of fixed property 

Establishment of business ventures 

Receipt of an inheritance 

 

Can you draw up your own Will and will it be valid? 

The law does not prevent a lay person from drawing up his own will but there are many legal formalities which must be complied with for the will to be valid. Often these are overlooked by the inexperienced will draftsman with the result that the will is rendered invalid, a situation which may only be capable of rectification by a costly application to the High Court. In addition, there are many issues which may need to be dealt with in your will which might not be considered unless professional advice is sought. 

 

Additional benefits offered by Kaplan Blumberg 

We will keep your original Will in safe custody, free of charge; 

We will keep additional important documents in safe custody free of charge, for example: Title Deeds, Antenuptial Contracts, Divorce Orders, Life Insurance Policies and so forth; 

We will send you annual reminders to update your Will and provide you with a monthly newsletter dealing with various aspects of the law including estate planning. 

Contact us for professional advice
and assistance

Grant Howard 
grant@kaplans.co.za

041 363 6044

1st Floor, Block A, Southern Life Gardens, 70 Second Avenue, Newton Park, Port Elizabeth, 6045

© 2020 Kaplan Blumberg