Estate Wills and Planning Services
Estate Wills and Planning Services
Estate wills and planning services play a crucial role in organising and distributing a person’s assets after their passing. An estate will is a legal document that serves as a comprehensive guide to how a person’s assets should be managed and distributed after their death. The document typically includes details about property, bank accounts, investments, personal belongings, and any other valuable assets. Without a valid will, the distribution of assets may be subject to the Intestate Succession Act, 1987 (Act 81 of 1987), which means that your estate will be divided amongst your surviving spouse, children, parents or siblings according to a set formula rather than your wishes.
Drafting an estate will allow you to:
- Express Your Intentions
- Appoint Guardianship Over Any Minors
- Minimise Potential Disputes
- Minimise Tax Liabilities
- Determine Business Succession
While it’s possible to create a simple will without legal assistance, seeking professional guidance from an estate planning attorney is often advisable to ensure that the document is legally sound and effectively represents your intentions. An estate lawyer can assist with the legal formalities, help you to understand the complexities of estate planning, keep your will updated for major life changes like marriage or children, and assist with anticipating potential areas of conflict.
The Role of Legal Assistance in Estate Wills and Distribution Services
Legal assistance plays a pivotal role in the proper execution and enforcement of estate wills, ensuring that the wishes of the deceased are carried out efficiently and in accordance with the law.
What happens when Legal Assistance is not involved
When legal assistance is not involved in the creation and execution of an estate will, several potential issues may arise, leading to complications in the distribution of assets and the management of the deceased individual’s affairs.
- Invalid Wills: Without guidance from an attorney for wills, there is a risk of creating an invalid will that will be deemed null and void.
- Court Involvement: In the absence of a valid will, the estate may be subject to the laws of intestacy and the courts will get involved.
- Appointment of Legal Executor: In the absence of a named executor or with an improperly designated one, the court may appoint an administrator to fulfil this role.
- Appointment of Guardianship: Without a valid will, decisions regarding the care and upbringing of children may be left to the court’s discretion.
Regarding appointing guardianship, an estate planning lawyer can help in establishing age restrictions for guardianship in the control of an estate. These restrictions are in place to ensure that the appointed guardian is mature and responsible enough to manage the financial aspects of the estate for the benefit of any minor children.
How Benita Ardenbaum Attorneys Can Assist
Benita Ardenbaum Attorneys is a law firm with years of experience that is 100% dedicated to their clients and believes in taking the personal approach as each client’s needs are unique.
Helping to Draw Up Your Will
When drawing up a will, Benita Ardenbaum Attorneys provides expert guidance to you as a testator in choosing a legal guardian and an executor for your child. This involves a thorough discussion of your preferences, the capabilities of potential guardians and executors, and legal considerations.
Our estate law attorneys emphasise legal protection and compliance from the outset. By meticulously drafting the will, we ensure that it meets all legal requirements and is less prone to challenges.
Benita Ardenbaum Attorneys proactively address estate tax considerations. By incorporating strategies to minimise tax liabilities, we help you preserve the maximum value of your estate for your beneficiaries.
Ensuring Legal Compliance & Efficiency in Drawing Up a Will
Our estate lawyers stress the importance of having the right documents when drawing up a will. This involves gathering essential information, including identification documents, details about debts, and a comprehensive list of assets to ensure a legal and valid will.
There are many benefits of utilising legal expertise in organising the writing of your will. Our legal experts provide a nuanced understanding of legal requirements, ensuring that the will is clear, unambiguous, and free from potential pitfalls. Their expertise streamlines the process, reducing the likelihood of errors and enhancing the overall efficiency of will creation.
Conditions that can be included in the will
Benita Ardenbaum Attorneys offer guidance on conditions that can be set in a will, taking into account societal restrictions and legal considerations. This may involve specifying how your assets should be distributed, setting conditions for beneficiaries, or addressing unique family dynamics.
Our deceased estate attorneys can also assist you in including funerary conditions in your will. This can encompass preferences for burial or cremation, specific funeral arrangements, or the allocation of funds for funeral expenses. Clear directives in this regard help alleviate the burden on your grieving family members.
Understanding of The Laws That Can be Used in the Testator’s Favour
We provide a detailed understanding of laws that can benefit your beneficiaries during estate distribution. By leveraging legal strategies, we aim to enhance the beneficiaries’ experience, ensuring a smoother and more legally sound process. This involves explaining complex legal concepts, advocating for the rights of beneficiaries, and navigating any potential legal challenges that may arise.
Contact and Consultation
Having an up-to-date and valid will is an important document that all parents, spouses, and homeowners should have. Contact our expert last will and testament lawyers today to get your will updated or drafted. Fill in the contact form below or give our offices a call and our friendly team will assist you.