Plan for the inevitable: death

This was echoed by lawyer Jeff Matthee, who spoke on preparing for death, at the East Rand Business Women’s meeting on June 8, at the Birchwood Hotel and O R Tambo Conference Centre, in Boksburg.

The Lakefield resident provided the following information to consider when preparing for death:

• We need to collate all of our personal documents so that those left with the task of sorting out our affairs are able to do so with the least possible hassle.

“Once sorted, your documents need to be placed in a secure location and at least one other person must be told where they are and have access to them,” he said.

• Donate your organs and tell someone you have registered to do so.

“Potentially, your organs can be used to save or improve some 25 people’s lives,” Matthee said.

• Speak about your funeral arrangements with somebody who cares.

“If you have any special requirements, they can only come about if somebody who will be on hand to arrange your funeral knows about them,” he added.

• Draw up a will.

“If you do not have a will, your estate will be intestate and will be dealt with according to the laws of intestate succession,” he said.

Matthee further elaborated on the specifications of drawing up a will. He said nobody wants to leave their family in a worse situation after their death.

A will is a document which has to be formally executed, in which the testator chooses his/her executor and determines how her estate will devolve.

“You must choose an expert in preparing wills and administrating estates to draw your will,” he said.

A draftsman, who is not particular in the specification of the will, could result in the family of the deceased actually not enjoying their inheritance.

“A testator may wish to appoint his wife as his heir and, after her death, his children.

“The draftsman may say exactly this, however, the result will be that what is referred to as a ‘fideicommissum’ is created, which prevents the wife from selling any of the assets or disposing of the capital, whereas all the testator may have had in mind was that while the wife was to enjoy his estate with freedom to do with it as she pleased during her lifetime, the children should take that which is left on her death.”

He also pointed out that, sometimes, a clerk in a financial institution may not always be sufficiently trained to draft wills; instead an expert attorney should be consulted.

The attorney should be able to:

• Advise you on estate planning. A fortune in estate duties can be saved if the will is drawn correctly.

• In terms of your will, you choose who will benefit from your worldly goods and chattels.

• Your heirs may be minors, but your legatee could predecease you, allowing the minor to inherit through that person.

• Create what is known as a “living will” which expresses a wish that, after it has been determined that you are terminal, you will not be kept alive artificially.

Also read:

Orlando shooting victim might have ties to Benoni

Follow us on these platforms:
Like our Facebook page and follow us on Twitter.

For news straight to your phone invite us:

WhatsApp: 079 431 2006
Instagram: benonicitytimes.co.za