Wills & Probate
Any last words?
We’re not being “suay” ok?
But really, life is unpredictable. Whether you live to a good age or pass away unexpectedly, it’s never too early or too late to plan ahead for yourself and your family.
Don’t assume your loved ones will know what to do when you are no longer around. Without clear instructions, they may face confusion, stress, and unnecessary delays. You should write a Will, execute a Lasting Power of Attorney or seriously think of planning ahead.
When the time comes, we can then help your loved ones with legal support. If you have a Will, we can help them apply for a Court Order to support the Will (called Probate). If there is no Will, we can assist in applying for Letters of Administration to appoint the most suitable person to manage your assets. This ensures your loved ones can benefit from your life’s work as smoothly and quickly as possible.
FREQUENTLY ASKED QUESTIONS
What is a will?
A will is a written document to state how your assets should be distributed after death and who will be in charge of the process. If you do not have a valid will, your assets will be distributed according to the Intestate Succession Act, which may not be distributed according to how you want it to be. It streamlines the process of distributing your assets after your death as compared to not having a will.
Do I need a will if I do not own many assets?
While many believe that a will might not be necessary if you do not have many high-value personal assets, having one will ensure your wishes are followed and reduces stress and uncertainty for your family.
What if I have children who are under 21 years old?
They cannot legally receive or control their inheritance until they are 21 years old. An executor, administrator or trustee will have to be appointed to manage their inheritance until they turn 21 years old.
Can I write my own will without a lawyer?
Yes, you most certainly can. However, professional advice may help to avoid problems and ensure a smoother process. Our lawyers can advise and support you. We have had very bad cases in which a self-written will created more uncertainty than it was supposed to resolve.
Who should I appoint as executor?
An executor is someone who is responsible for distributing your assets according to your will. You can appoint someone you trust, or even a beneficiary of your will. He or she must be someone you believe can act fairly and in your best interests. It is not an easy job.
How do I appoint an executor?
You should name the executor of your assets in your will. After you pass on, the executor can apply for a Grant of Probate to manage your assets according to your will.
How to apply for a Grant of Probate?
A Grant of Probate is a legal document that recognizes an individual as the executor of the deceased’s assets. To apply, you must file the necessary documents, including the will, death certificate and many more. If you need assistance, book a consultation with us and we will guide you through the process.
What if I do not have a will?
If you do not have a will, upon your death, a person will have to apply to court for a Letter of Administration. As to who this person may be, usually he or she can be a beneficiary.
What long will the process take to be completed?
Based on the complexity of the case, it takes about 6 to 18 months.
We look into estate planning through the drafting of wills, and provide professional advice on succession matters, and wealth management and preservation.
Death and taxes are the only certainties in life. We look into estate planning through the drafting of wills, which can range from outright gifts to the creation of trusts.
We also assist executors and administrators in applying for Grants of Probate and Letters of Administration respectively.
With the growth and emergence of the financial planner in our daily lives, our role as lawyers to our clients — helping them with succession matters, wealth management issues and the preservation of wealth — has become critical.
With regard to this area of our practice, we have teamed up with various financial planning agencies and individuals alike to bring these valuable services to every client’s doorstep.
