Residents urged to draw up a will

RESIDENTS were told about the importance of having a will in order to leave family and friends at peace in the event of death.

A workshop on estate planning was held by ENSAfrica legal firm, which provides pro bono legal services with case handling, workshops and referrals.

Residents were exposed to the importance of wills to avoid confusion, conflict and a split in the family when managing the deceased’s estate. The law dictates that the estate be managed in the interest of remaining dependents – spouse and children –including those who are legally adopted.

Presenters Don Allaway and Ashleigh Dore said certainty would be ensured through a will. First, it settles liabilities to avoid dependents inheriting them. Secondly, it distributes the remaining assets among the chosen beneficiaries who mostly are direct dependents, unless stated otherwise.

They said prioritising dependents was to protect the interests of children under 18 who still needed the support of living and deceased parents. Also, a guardian and a trustee would be appointed in the will, and would be assisted by the Master of the High Court to ensure the children receive the necessary assistance for their needs. These include school, household needs, entering into contracts, acquiring property, incurring debts and getting married. The guardian and trustees should be fit, proper and trustworthy persons, they said.

They further advised that in the event of a death resulting from a premeditated action by a spouse, the spouse would automatically be excluded from being a beneficiary.

The following were outlined as rules governing the division of a deceased person’s estate:

• If without dependents, the deceased’s spouse inherits everything.
• If there is no spouse but children, the children inherit everything equally.
• If there is no spouse but children with one child also deceased, the deceased child’s dependents inherit his or her share equally.
• If the deceased is survived by a spouse and children, the spouse inherits one half and the children share the other half equally.
• If survived only by parents, they share the estate equally. Where the deceased’s one parent is also deceased, the remaining parent receives one half and the deceased parent’s siblings share the other half equally.
• If survived only by siblings, they inherit the estate equally.
• If survived only by a relative or relatives, they in turn inherit equally.
• When not survived by a spouse, dependents, parents or relative, the deceased’s estate is paid to the State’s Guardian Fund for a period of 30 years, after which it is ceded to the State.

Details: ENS Africa 011 555 0980.