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Wills and probate
Being prepared
 
I have on many occasions when discussing Wills with people been told that "I have nothing to leave, it will all go to my children in any event." Unfortunately this attitude does prevail and it is quite clear when things are discussed in more detail that people do have Estates of considerable value and that it might not necessarily go to their children unless they make proper provision in a Will.

A Will is essentially a document giving instructions as to how your Estate is to be divided on your death. If you do not make a Will then your Estate will be divided in accordance with the provisions of the Succession Act which broadly speaking will divide your Estate in the following manner:

  1. If you have a spouse and no children the entirety of your Estate goes to your surviving Spouse.


  2. If you have a surviving spouse and children your spouse will get two-thirds of your Estate and the remaining third will be divided among your children.


  3. If your spouse dies before you do and you leave children then your Estate will be divided equally among your children.
There are of course exceptions to this general principal but it is better to have a Will made which will provide for your personal needs.

In addition to making a Will it is important to discuss with your Solicitor the extent of your Estate because issues such as Capital Acquisitions Tax (Inheritance Tax) will arise in particular when the Estate is very large but also when the beneficiaries of your Estate will not be your children. This will be discussed more fully in the Tax Planning Section.

It is our policy to provide every Client a first Will free of charge.
 
Making a will
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