What happens if I die without a Will?

What happens if I die without a Will?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | June 23, 2021

Blog By

Simoné Kühn
Associate at MNI Attorneys
Specialist in Estate Planning & Deceased Estates

Simone Kuhn
  • The Intestate Succession Act will determine how your estate must be distributed between your legal heirs;
  • Minor heirs’ inheritance will be distributed to and held by the Guardians Fund until they reach the age of 18 years.
  • If you were in a long term relationship but not married, then your partner will not automatically inherit in terms of the Intestate Succession Act.
  • An executor will be nominated by your close family members or by the Master of the High Court.

Plan for the future –  have a professionally drafted will.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

What is a Living Will?

What is a Living Will?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | June 15, 2021

Blog By

Simoné Kühn
Associate at MNI Attorneys
Specialist in Estate Planning & Deceased Estates

Simone Kuhn

A living Will is a written instruction that details a person’s wishes about future medical treatment in circumstances where he/she isn’t able to make informed decisions and give his/her consent.

It is important to know that this document can’t bind your doctor or a medical facility to adhere to your wishes. Your doctor will always have the final decision with regards to the medical action to be taken.

The value of a living will lies in the fact that it speaks for you when you cannot speak for yourself and gives your loved ones guidance and peace of mind when making difficult decisions on your behalf, in circumstances where you are unable to do so.

Plan for the unknown: contact a professional for assistance.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

Have you heard of the Guardians Fund?

Have you heard of the Guardians Fund?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | June 15, 2021

Blog By

Simoné Kühn
Associate at MNI Attorneys
Specialist in Estate Planning & Deceased Estates

Simone Kuhn

Have you heard of the Guardians Fund?

The Guardians Fund is a state managed entity which receives and manages all inheritances left to minors in South Africa, in circumstances where a Trust is not provided for into which the inheritance (intended for the benefit of a minor beneficiary) can be paid.

The minor heir will only get access to his/her inheritance once he/she reaches the age of 18 years, and has complied with a long list of formalities which are required to release his/her inheritance from the Guardians Fund.

So what is the suggested way? It is recommended that you provide for a Testamentary Trust in your Will; alternatively that you bequeath an inheritance (intended for the benefit of a minor beneficiary) to a living Trust of which the minor is a beneficiary. Always consult a specialist in Estate Planning and Deceased Estates for peace of mind.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for “best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

Tips when selecting the executor of your estate

Tips when selecting the executor of your estate

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | June 8, 2021

Blog By

Simoné Kühn
Associate at MNI Attorneys
Specialist in Estate Planning & Deceased Estates

Simone Kuhn

The winding up of an estate can be a lengthy process especially if you don’t have the right person to manage your estate. Here are some tips when choosing your executor:

– think practically, select someone that lives near your heirs & your assets;
– have a back-up, nominate an alternative executor in your will;
– select someone that will know what you would have wanted;
– select someone that will get things done;
– select someone trustworthy as they will be dealing with all of your assets.

In practice, executors of an estate usually appoint an agent (eg. an attorney) to assist with the winding up of an estate. The executor must however still make the important decisions and provide their agent with instructions, so choose wisely.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).