2-3   Should I make a will?

There are some circumstances when it is particularly advisable to make a will.

These are when:-

1. A couple is unmarried

They cannot automatically inherit from each other.

2. A couple has no children

The surviving spouse may encounter challenges in obtaining signatures from the deceased's parents or siblings. To obtain signatures, compensation equivalent to the statutory share might be required.

3. There are children from a previous marriage(s)

The surviving spouse may have difficulty obtaining signatures from children from the deceased's previous marriage. To obtain signatures, compensation equivalent to the statutory share might be required.

4. There is an heir who lacks mental capacity

 Since the individual lacks the mental capacity to independently engage in inheritance proceedings, it is necessary for the other heirs to request that the family court appoint a legal guardian to make informed decisions on their behalf.

5. There is a missing heir

If one of the joint-heirs has been missing, they cannot state their intentions in relation to the inheritance procedures, therefore, the other heirs would have to apply to a family court to appoint an administrator of the absentee's property.

                                                                                                                                          Last Updated November 20, 2024