wills & estates

• Drafting last Will
• Legal Estate Planning
• Administration of Deceased Estates
• Where the value of the Estate is less than R250 000, reporting a Section 18(3) Estate

Why you Must Have a Will 

At Nagel Attorney & Notary, we understand the importance of having a Will to protect your assets and provide for your loved ones. Our experienced team can assist you in creating a comprehensive will that clearly outlines your wishes and ensures that your assets are distributed according to your desires. We offer a range of will-related services, including drafting Wills, reviewing and updating existing wills, and assisting as executors. Contact us today to learn more about our will services and to schedule a consultation with us.

Many times in people’s lives, they know they should make a Will, yet they shrug it off and ignore it. They tell themselves they’re not going to die anytime soon. They think they should make a Will, but a little later, not now.

Years can sometimes go by with them going through the same thought processes, but it does catch up with you – or your loved ones – in the end.

Having a properly drafted Will that can be executed per your instructions by the Executor is the one long-lasting act you can take to protect the people you love.

A Last Will and Testament is the document you use to plan your estate. It communicates your last wishes as they relate to your possessions, dependents and people in your life.

If you die intestate (without a Will), inheritances are passed along bloodlines and not according to your wishes. If you have no Will, the money for your Minor Children will be paid into the Government Guardian’s Fund.

Disadvantages of dying without a Will:

• You have no control concerning what belongings go to whom;
• Your Minor Children’s money may be paid into the Government’s Guardians’ Fund;
• You cannot save money on Estate Duties;
• You cannot select who will manage your Estate and/or the Testamentary Trust;
• Delays with the appointment of the Executor and delays with the process in general;
• Your family may be left destitute;
• A higher risk of litigation.

One of the biggest issues is the delay that may be encountered; your bank accounts and assets would be frozen, leaving your loved ones in financial distress. Think of the consequences of this on your family.

There are those people who believe that they don’t have enough money or possessions to make a formal Will. They think they have so little; why make a fuss with formalities. The truth is, what they should be thinking is, why not?

Benefits of having a Will:

• You get to select the beneficiaries who will inherit from you;
• You decide what each of the beneficiaries will receive;
• You can plan contingencies, say you leave something to your children and one of your children dies with you? You can decide in advance how to distribute an inheritance if this happens; i.e. will the deceased child’s share go to your other children or maybe to your grandchildren?
• You can qualify an inheritance. For example, your inheritance to your daughter may be excluded from a matrimonial claim;
• You can plan your estate and reduce Estate Duties;
• You may nominate Guardians for your Minor Children;
• Your Will gives you the control and assurance that the people you love the most will be taken care of when you are no longer there;
• It will enable you to make provision for a Trust to be set up for the protection of the inheritance for your Minor Children;
• It is less likely to lead to litigation.

Your Will and Divorce

A bequest to your divorced spouse in your Will, which was made prior to your divorce, does not necessarily fall away after divorce.

The Wills Act stipulates that, except where you expressly provide otherwise, a bequest to your divorced Spouse will be deemed revoked if you die within three months of the divorce.

This provision is to allow a divorced person a period of three months to amend his/her will after the trauma of a divorce. If however you fail to amend your Will within three months after your divorce, the deemed revocation rule falls away, and your divorced Spouse will benefit as indicated in the Will.

Administration of Deceased Estates 

Dealing with the affairs of a deceased loved one can be an emotionally daunting and a legally intricate process. That’s why we are here to address the pressing question on your mind: “When do I need an attorney to assist me with administering a deceased estate?”

At Nagel Attorney & Notary, we recognize the gravity of this question and the complexities involved in navigating the legal landscape surrounding deceased estate administration. Our experienced team is dedicated to providing you with the guidance and expertise necessary to ensure a smooth and efficient handling of the estate, offering you invaluable peace of mind during this challenging time.

Our Estate Administration Services include: 

• Estate Administration: We can assist you with the legal process of Estate Administration, which involves the Master of the Court’s supervision of the distribution of assets and payment of debts of the deceased. We can help you with everything from reporting the estate to obtaining the final release from the Master.
• Asset Distribution: We can help you distribute your loved one’s assets according to their wishes or, if they did not have a will, according to the Intestate Act. We will work with you to identify and value assets, and to ensure that they are distributed to the appropriate beneficiaries.
• Maintenance and Creditor Claims: We can assist you with any creditor claims that may arise during the estate administration process. We will review all claims and work to resolve any disputes with creditors to ensure that the estate is administered efficiently.
• Litigation and Dispute Resolution: If disputes arise during the estate administration process, our attorneys are experienced in litigation and dispute resolution. We can represent you in court or in alternative dispute resolution proceedings to resolve any disputes that may arise.

Why Appoint An Attorney As Your Executor?

• If you pass away and nominate a family member as the Executor, this will likely add to their stress in this mourning period. Most family members are not trained to be Executors and have no idea how to proceed once they have been appointed.
• Attorneys are professionally trained and are bound by legal ethics and professional standards – this differs from banks and other financial organisations.
• Suppose your estate is complex, and you have various assets and businesses, an ex-spouse, or a disabled dependent who requires maintenance. In that case, your attorney can assist you with your estate planning and drafting a valid Will to ensure a smooth transition and prevent your businesses from being adversely affected by your demise.
• Your overseas estate must also be administered if you have offshore assets. This must happen in terms of the foreign country’s laws. (You may then probably need two Wills);

• You will enjoy the benefits of specialised experience and knowledge.

Act now, and get your Will drafted. Do not delay. Tomorrow may be too late.