Year: 2022

ESTATE PLANNING & DIVORCE

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Divorce is the legal dissolution of a marriage by the High Court, which has permanent effects on the divorcing parties as well as other family members. Most affected by divorce are the children – who are dealt with as “ancillary issues” during the divorce proceedings. Children are included in the divorce by being catered for through discussions around custody and access rights of the divorcing parents, as a requirement of the Court. Custody reefers to the day-to-day control of the child which is usually enjoyed by the parent that lives with the child, while the non-custodian parent is awarded access rights to the minors. After the Court has issued its order, the parents continue with their lives and oftentimes start new marriages and have other children, creating blended families.

Once life has settled down, divorced parents do not think to the future of HOW their children could potentially be affected by their death/s. No frameworks and plans are in place to cater for the wellbeing of your children after your death, post-divorce. Have you identified people to step in to the gap once this happens? What role, if any, will your new partners in your children’s lives – will they be their custodians and legal guardians? Do you have answers to these questions yet? Have you thought about these before? What are you going to do?

What are your thoughts regarding your children after you die? You need to #MakeAPlan today.

This is for general information purposes only – Consult a Lawyer 

Inheritance & Children

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A time invariably comes when the conversation about inheritance needs to be had. While some conversations and situations may be hard and uncomfortable, they are necessary and life-changing. Inheritance issues may cause long-term suffering or family rifts if not handled well, or may be smooth sailing if organised in an orderly fashion.

The conversation is better had if you are the one steering it and directing the flow. Whilst you still have the time and the opportunity, consider taking time to sit with your partner and family to discuss how you want inheritance to be handled. Talk about the children – who will get what and how? Will you cater for your spouse’s children too in a blended family setup? Do you have any extra-marital children to prepare for? Are you aware that any legally adopted children are entitled to inheriting from you? Have you secured your children’s futures by electing a responsible guardian or custodian who will not plunder their inheritance? Did you know that even your adult children should be included and will also inherit as a child? All your children will be treated EQUALLY regardless of age, gender, and legitimacy.

Determine the outcome of the matter by staying in control of your wealth, its distribution, as well as the welfare of your children Do it whilst you still can. Think ahead to a time you may not see and #MakeAPlan.

This information is for general purposes only – seek advice from a Lawyer

Criminal Offence with a Deceased Estate

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DID YOU KNOW YOU COULD GET ARRESTED FOR NOT REGISTERING A DECEASED PERSON’S ESTATE?

Section 5 of the Administration of Estates Act [Chapter 6:01] (hereinafter referred to as “the Act”) states that failure to register a deceased estate within 14 (fourteen) days warrants a criminal offence! The Act provides that:

            5          Death notices to Master, Assistant Master or magistrate

“ (1)  Whenever any person dies leaving any property in possession, reversion or expectancy or leaving a will, the nearest relative or connection of the deceased who is at or near the place of death, or in default of any such near relative or connection, the person who at or immediately after the death has the chief charge of the house in or of the place on which the death occurs shall, within fourteen days thereafter, cause a notice of death to be framed in the form A in the Second Schedule, …….”

The Act further goes on to state that any person that “without just cause, fails to comply with subsection 1 shall be  guilty of an offence and liable to a fine…..or to imprisonment for a period not exceeding one month…..”.

Do not let yourself be caught on the bad side of the law, and don’t let yourself be a candidate for imprisonment! Talk to our team of lawyers who are also Estate Administrators to assist you with all things pertaining to the estate of your deceased loved ones. Get in touch today.

his is for general information purposes only.