Prepare for the uncertainty of life

Jeff Matthee was the invited speaker and addressed the subject of “death”, and how to prepare for it.

Jeff was a senior partner at Malherbe Rigg and Ranwell (one of Boksburg’s prestige law firms), but retired in 2014 and now consults for the firm.

He has also been involved in community work on the East Rand for many years.

Matthee explained that, on ancient Egyptian and Roman battlefields, if breathing had ceased death was presumed.

He added that a lack of a heartbeat would also lead to the presumption of death.

“Yet, unlike the ancient days, nowadays life is preserved without either the lungs having to breathe or the heart having to beat, and reliance is placed on brainwaves to indicate whether life still exists,” he said.

“Recently, the Supreme Court of Appeal (SCA) was tasked with determining at which precise moment death takes place.

“The judgment of the SCA in this matter, which is now, incidentally, the leading judgment, is that death occurs when life ceases to exist,” Matthee said.

Matthee highlighted ways of planning for your death.

“You need to collate all your personal documents, so that those left with the task of sorting out your affairs are able to do so with the least possible hassle,” he said.

“Remember, those are the very people who are grieving your death and they do not need the added stress of having to search for everything.

“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,” Matthee said.

He also highlighted that one needs to speak about his/her funeral arrangements with someone who cares.

* Also, drawing up a will is important.

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

“Not only will you, or your descendants have no or little control over who administers your estate, your assets which you leave behind may go to someone who you would not have wanted to have them. Sometimes in testate estates can be tricky.”

Matthee defined a will as a document, which has to be formally executed, in which the testatrix chooses her executor and determines how her estate will devolve.

Matthee shared points on how to go about setting up a will.

*Choose an expert in preparing wills as well as administrating estates to draw up your will.

*Your attorney, if so qualified, will be able to advise you on estate planning. A fortune in Estate Duties can be saved if the will is drawn correctly. Your attorney will advise you on the creation of Trusts – either during your lifetime (inter vivos) or after your death (mortis causa). There are rebates which can be lost if the will is not properly prepared.

ALSO READ: Have your will drawn up for free at MRR

*In terms of your will you choose who will benefit from your worldly goods and chattels. You have no restriction as to who will inherit from you.

“You may keep your beneficiaries secret. If your will is prepared by an attorney, he/she is bound by an oath of confidentially and may not, without your permission, disclose to anyone what you have testified in your will. Your attorney cannot be forced, even by a court of law, to make such disclosure. Anyone other than an attorney is not bound by the same oath and can make disclosures.

*Your heirs may be minors – under the age of 18 – when you die. You may not even intend to leave an inheritance to a minor, but your heir/legatee could predecease you, leaving a minor in his/her wake, who inherits through that person.

If a trust has not been created in terms of your will, this inheritance will be paid into the Master’s Fund – to be administered by the state.

*You can choose to prevent what you leave to someone falling into a joint estate or into the hands of that person’s spouse.

*You may create what is known as a living will. This expresses a wish that, after it has been determined that you are terminally ill, you will not be kept alive artificially. This is a subject for discussion on its own.

*You may direct in your will who will administer your estate. This element of choice is extremely important. An executor has, by law, to be qualified to wind up an estate or else the Master of the High Court will not appoint that person. If you appoint your husband/son/daughter they will be forced to seek the assistance of an attorney, often at a far greater expense.

So, appoint the attorney you know and trust – as long as that attorney holds a specialisation on the winding up of estates.