2-3 Do I need a will?
There are some circumstances when it is particularly advisable to make a will.
These are when:-
1. A couple is unmarried; If there is no will, they cannot automatically inherit from each
other.
2. A couple has no children; If there is no will, the surviving spouse might have to deal with difficult relatives.
3. There are children from a previous marriage(s); If there is no will, the surviving spouse
might have to deal with difficult relatives.
4. There is an heir who lacks mental capacity, they cannot participate independently in the
inheritance procedures; the other heirs will have to apply to a family court to appoint a legal guardian who would 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.