Category: Estate Planning and Administration

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

ESTATE PLANNING AND GUARDIANSHIP

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Guardianship in its widest sense includes custody and embraces the care and control of the minor’s person as well as the administration of his/her property and business affairs. Guardianship in some instances where the parents are alive can be awarded to third parties, although done with exercising extreme caution. The courts are not quick to deprive natural guardians (mother and father of a minor) of their rights unless it is the best interests of the minor child.

Guardianship involves acting on the child’s behalf, it may entail to sue on behalf of the child, enter into and conclude contracts as well as manage/transact in the property of the child. A guardian must act in the best interests of the child. All decisions and undertakings must be done to the benefit of the minor child, which principles the natural guardians (parents) are expected to be guided by. In the event that both parents have passed away then guardianship may be acquired by making an application in the courts of law, and proving that the child has been orphaned and you intend to become the minor’s guardian as it will be in their best interests.

Parents often overlook the importance of the children’s lives after their death, especially if they are still minors, and leave no provisions or plans of which particular adult will take over the role of being the minors’ guardian. Be a parent that does not gamble with their child’s future – plan ahead and put in place safeguards that ensure that your child/ren are taken care of even after your death. Let your wishes be carried out and not the general thoughts of a family tribunal. Plan accordingly for your child/ren, and elect trustworthy adults who will have your child/ren’s best interests at heart always, and will not plunder their inheritance.

Be wise and prudent when it comes to the affairs of your children, and their inheritance! #MakeAPlan

 This article is published for information purposes only – seek the advice of a Lawyer.