Wills should serve two purposes
No professional should draft a Will without an in-depth knowledge and investigation into the backdrop of their client. This necessitates a knowledge of assets, liabilities, legal relationships and provisions made or to be made in the event of their passing.
Wills are not just about identifying beneficiaries but are vital in establishing that the Testator has structured his or her portfolio in a manner that adequately provides for those left behind in a sustainable way while all the way reducing and minimising red tape and expenses.
Essential to our philosophy is that Wills should not be written in legal jargon which could be open to interpretation. This impresses no-one except the authors who seem to justify high fees on this basis.
A Will is not our document. It is our client’s final –and essential- directive.
We are here to ensure that this directive is well-planned, worded concisely and succinctly and executed to comply with the legalities.
Different countries have different laws regarding the use of advance directives to medical providers as well as enduring powers of attorney. Currently South Africa recognises a general power of attorney only and a curator must be appointed in order to conduct the business of a person incompetent to deal with this themselves.
We will advise you on the appropriate path and steps to take in the face of ailing loved ones, including advice specific to certain diseases such as alzheimers and the drafting of Living Wills as directions to family members and medical practioners on medical preferences.
This is where experience and knowledge of circumstances really kicks in. With the best intentions, so many people draft their wills or have them drafted professionally or by institutions, tick the box that its done and never look at it again. Totally logical.
But what really happens when someone dies? Without knowing the spiritual answer, we do know the practical answer for those left behind and the impact it has on their lives. We have seen how unintended consequences mar good intentions and we have seen how a lack of knowledge of the practicalities has resulted in unnecessary surprises and panic. All of a sudden, the mourning process becomes one of panic when the functionality of everyday living is also negatively affected by someone’s passing.
We are here to navigate you through this.
Administration of an Estate is intimately linked to the final Will (or lack thereof) in how the process is managed. It reinforces the advantage of initial preparation.
The role and influence of the Master of the High Court is misunderstood by many people and has several bearings on the administration of an Estate. The procedure can be a surprisingly lengthy one, even for so-called simple Estates, often leaving beneficiaries feeling vulnerable and helpless. Knowledge of the steps to be taken empowers beneficiaries to manage expectations and so forms an important part of our initial consultations.
It cannot be stressed enough how important it is to have an accessible Executor who constantly imparts this knowledge to his or her clients. So often beneficiaries are left dealing with call centres and office clerks at the most inappropriate time of their lives.
When my Beloved Dad passed away, the law became really real. Not just a textbook, legislation or file. Not just some process or administration. I witnessed first-hand the impact of the practical realities of death and the impact on those left behind and how good intentions can go awry.
It was a brutal realisation that the assumptions we make as professionals and lawyers are misplaced in this field of law and while legal acuity remains as essential as ever, this acuity must be tempered with warmth and compassion.
