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As a practising attorney with many years experience in legal and commercial matters, I am able to guide you through the process of making your Will and other personal documents. The Internet and telephone give us the opportunity to communicate effectively, even from a distance. I will ensure that you have considered the options available to you, that your Will is legally valid, and that it is a true expression of your wishes.
Having a Will makes life a lot easier for those you leave behind. Dying intestate (without a will) creates additional burdens on your family at a difficult time. Decisions that should be rightfully yours, are then often made by others or by legal dictates. Where minor children are involved it is also important to cater for their welfare and guardianship where appropriate.
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It is also important to update or replace your old Will from time to time, for example after a divorce, or following the birth of a child.
So why do many people put off the job of writing a Will?
"I don't want to think about dying"
"I don't intend to die just yet"
"I just haven't got around to it"
"I am worried about the cost"
"I don't have an attorney"
Don't let that be you. Your will is your responsibility and a gift to those you leave behind.
As to when should you write a Will - the answer is NOW. There may be plenty of life in you yet but accidents and illness have absolutely no respect for age.
WHO SHOULD I GET TO DRAW UP MY WILL?
- Your own attorney- If you have a family attorney who knows you and your family and has insight into your affairs he is probably the ideal person to ask.
- You could try doing it yourself by using a standard form. This might be adequate, but it might not. One slip could negate all your good intentions.
- Your bank - Your bank will possibly draft your will for free as long as you appoint them as executors. However that might cost your estate a lot more in the long run. Your bank will charge a full fee (3.6% on the assets in your estate plus Vat = 3.99%) to administer your estate, which might not have much connection with the amount of work involved. For example, if you leave a house in your estate worth R2m the executor's fee on the house alone can be approximately R80 000, before any transfer fees. This could create a heavy burden on your heirs.
- By arranging your will outside of the banks, you get to choose your own executor who can be a spouse or family member. He can in turn appoint an attorney or accountant to assist him at a negotiable fee and probably save a lot of money. It is important to nominate an executor that you know and trust. Upon your death, legal ownership of all your property passes automatically to your executor and he may be required to make many decisions to best give effect to your wishes.
WILLS ONLINE will provide you with a professional, straightforward service via email and telephone at a fixed fee. If you would prefer a personal appointment and would like to come to my office you will be welcome. If you live in Cape Town and would like me to visit you at your home, I will do so for a nominal additional fee.
U TESTAMENT IS OOK VERKRYGBAAR IN AFRIKAANS
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| © Ken Meek 2009 | Site by FynbosFire |
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