Does divorce revoke a will?

Yes, your divorce will revoke a will! I had a coffee with a friend over the weekend and she told me her sister’s divorce was now finalised.  Her sister was ‘free of her ex’ and she and her two small children can now get on with her lives. As much as I tried to slow down my ‘legal brain’, I couldn’t help but wonder if my friend’s sister had updated her Will?  I wondered if the sister even thought about making a Will?  Probably not.  Most people that get divorced […]

Why can’t I do my Will online?

These days we do almost everything online. From developing new friendships, meeting prospective life partners to buying groceries and gifts. It seems our reality has become so entwined with online networks that we can pretty much organise our lives using the world wide web.  So why not also do our Wills online? No! No! And No again!  Surely, by reading my posts on LinkedIn and Facebook, you would have realised that drafting a Will is not something you do while you sit at your computer screen. Drafting a Will takes […]

Blended families and the impact on estate planning

Guest blog by Marlize Venter. I come from a very close family.  I can still remember school holidays on my Nana and Pop’s farm. My mum was one of three kids and I was one of six cousins. I had a carefree childhood. When I was 20 years old, my Nana died. The slumbering dementia slowly awakened in my Pop and a year or so later he married a gold digger. My Pop was once prosperous farmer but he almost lost everything.  Was it not for the quick thinking of […]

What happens to your emails when you die?

Do you care? Probably Not. Should You? Definitely! Ever since the evolution of email and the Internet, more of our daily interactions are ‘conducted’ via email than ever before.  Most of our online ‘contact’ is so matter of fact that we don’t even stop to think about it.  Even our language has changed.  It is not uncommon to hear someone say “I’ll email a copy to you” or “email it to me.” The obvious use for email is to communicate with friends, family and others.  And, as the online communication […]

What happens to my Apple account when I die?

Apple is a tough nut to crack! This became pretty obvious during a recent case where Apple’s CEO has refused to comply with a Court order.  The Order stated that Apple must install a ‘back door’ into its iOS software to allow FBI agents to decrypt information on the phone owned by Syed Farook.  Syed and his wife killed 14 people at a Californian medical facility in December 2015.  Other people have also weighed in on the debate. Donald Trump is calling for a boycott of Apple products and Edward Snowden […]

Why being a Business Owner could be detrimental for your family if you die without a Will

Owning your own business and being your own boss has its advantages.  You can work the hours you want, you can take holidays to suit your schedule and you don’t have a boss looming over your shoulders.  However, being a business owner also means you have responsibilities.  Those responsibilities include keeping on top of your customer orders, paying staff, paying your taxes and paying all your bills.  However, as a business owner, your biggest responsibility is to have a valid Will. If you are a business owner and you die […]

Two ‘BIG’ Reasons Why A Will with a Testamentary Trust is a better than a standard Will

When preparing a Will, the two questions most people think of are “Who to give my estate to when I die? And, “How can I stop others from others from getting my estate?”  The answer to both questions lies in the structure of the Will. The general structure of a standard Will allows a beneficiary (as an adult) to spend their inheritance when they receive it, as they wish.  They can invest it, use it all on a holiday of a lifetime or blow it all gambling! The assets are […]

Why ex-South Africans with young children need to update their Wills

Everyone should have a Will, however ex-South Africans with young children should really give immediate attention to the issue. Most ex-South Africans now living in Perth, Australia have Wills that were prepared in South Africa at least 3 – 5 years ago which clearly do not meet their current circumstances of living in Australia. An example of a South African Will that is out of date is if the person lives in Australia and yet their  Will nominates people living in South Africa to be the guardians of their young […]

Posted February 26th, 2016 in Wills

A Simple Will Is Not Tax Effective

A simple will may be cheaper but it is most certainly not going to provide the most tax effective solutions for beneficiaries. And, a simple will is definitely not suitable for a person who has a business or owns a couple of properties or has a portfolio of shares or other investments. A person with the same or similar asset base should rather consider getting a will with a testamentary trust.  A testamentary trust is a way of giving your assets to your beneficiaries without the risk of creditors having access […]

Posted February 13th, 2016 in Wills

Why ex-South Africans need an Australian Will

There are two key reasons why ex-South Africans should get an Australian Will. The first key reason is to avoid unnecessary delays when obtaining a Grant of Probate in Australia and a Letters of Executorship in South Africa. Most South African couples have one original Will (for both of them) that was prepared according to the South African laws. However, in Australia, the laws for Wills are different and it is preferred that every person has their own original Will. When a person dies in Australia, the original Will is submitted […]

Posted January 28th, 2016 in Wills