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  • AED Attorneys Wills and Trusts

    Wills and Trusts

    A well Structured Will
    We can assist you with the drafting of your will and setting up of your estate.

Wills & Trusts

We can assist you with the drafting of your will and setting up of your estate.

  • Here are 4 reasons why it is important to have a last will and testament:

  • To leave a legacy.

  • Provide for your family’s future.

  • To nominate an experienced and professional executor and trustee

  • To minimise estate duty taxes.

Download and complete our Will Application form

Let us help you draft your will:

1. Simply download our electronic Will Application form.
2. Enter your details.
3. Hit the submit button at the end.
4. Your form is sent to Annie personally.

Frequently Asked Questions about Wills & Trusts

1. If I don’t have a Last will and testament, does my estate go to the state?

No, it does not. What will happen is your heirs are determined by the Intestate Succession Act. This means the act determines who will inherit from you.

2. Can I have a joint will with my spouse even if we are married out of community of property?

Yes, you can have a joint will. Each spouse’s wishes will be laid out separately. If spouses die together their wishes will be carried out as per their own wishes.

3. We are married in community of property; do I have to give my spouse my share of the estate?

No, you don’t have to. Your spouse will be entitled to 50% of the joint estate in terms of your marriage but your 50% you can give to any person whom you wish to give to.

4. Can I draft my own will?

You can draft your own will however this could be dangerous in the sense that you may not include important clauses in your will. If this is not done properly you might also be at risk of the will not being accepted by the Master which will mean that you die without a will.

5. What does testate and intestate mean?

Testate means you had a valid will. Intestate means you died without leaving a valid will or did not have a will.

6. Who do I nominate as Executor in my will?

You can nominate any person however the law states that even if you nominate a person it may be that they will still need the assistance of an Attorney, Auditor or trust company to assist with the formalities.

7. How many trustees do i need ofr the testamentary trust?

It is always advisable to have a minimum of 3 trustees. When nominating a trustee, you need to always make sure that the 3rd trustee is independent and can administer a trust. This is to ensure that there is not a deadlock in decision making where one says yes and the other says no.

8. Until what age must i choose the trust to exist?

This is a choice you can make. The minimum age is 18 as this is the age of majority in South Africa. When deciding on an age, one needs to also look at the value of the trust as the trustees will have a discretion to not create a trust if the value is not high enough to create the trust.

9. Do I need to Nominate a guardian?

You don’t have to however it is always best to do so. This simplifies the process if the guardian is nominated by the deceased as it also makes the wishes clear to those family left behind.

10. Can I specifically exclude a beneficiary?

Yes, you can however you need to be careful as you may not discriminate or badger the beneficiary you are excluding.

11. if we had a joint will and one of us passes away and do

Yes, however only if the specific clause is included that stipulates that if one pass away without leaving a further will then this will be still accepted.

12. What happens if all beneficiaries have passed or die together and there is no specific beneficiary named in my will?

When this happens then the law of the Intestate Succession act will apply which means that the law will go back into he family tree and see who is next in line to inherit from you

13. Why must I have trust clause in my will?

If you don’t have a trust clause in your will and you have minor beneficiaries, then their inheritance will be paid to the Guardians Fund. This means money gets paid to the Master’s office and the minor can access these funds upon reaching the age of 18.

14. What are the disadvantages of money paid to the Guardians Fund?”] The disadvantages are:
  • There is no administration of funds which means low or no interest on these funds.
  • It is not easy to get money released from the fund.
  • If these funds are unclaimed for 30 years then they are paid to the state.
  • In the past the Guardian’s fund has been bankrupted due to poor administration.
15. What is the difference between the Executor and Trustee?”

The executor is responsible for the administration of the deceased estate. The trustee’s responsibility comes into effect once the executor pays the moneys to the trust for administration by the trustee.