STRAUSS DALY ATTORNEYS

Assets may be excluded from the operation of the accrual in the antinuptial agreement for e.g. special damages, donations and inheritance.We truly believe that the above will assist you in making the right decision to decide on which matrimonial regime to use. Please remember that once your married you and your spouse must consider drawing up a will to make provision for your wishes. Our experts can also assist you and below is a explanation regarding wills.WillsA will is a document in which a testator/testatrix voluntarily sets out his/her wishes and instructions concerning the distribution of his/her estate following his/her death.Who can make a will?Any person over the age of 16 years and who is mentally capable of appreciating the nature and effect of his act are capable to make a  

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will.What does a will include?Primarily the testator/testatrix divides the assets of his/her estate amongst his/her nominated beneficiaries, who can be legatees and heirs. A legatee is someone who is to receive a specific asset, whereas an heir receives the residue of the estate. The testator/testatrix also nominates someone or some institution to act as his executor whose duty it is to wind up the estate in terms of the Administration of Estates Act.Who should prepare the will?Consult an expert on wills to draft your will since the myriad of court cases concerning the validity and interpretation of wills reflects the complexity of this task. Experts are found amongst attorneys, accountants, financial institutions and trust companies. It is not a good idea to try and do it your self.Why is a will necessary?A testator/testatrix has great freedom of choice in determining how his assets are to be divided following his death. Should he/she not have a will the estate will be divided according to the law of intestate succession which could result in benefits being awarded to a beneficiary who would not have been nominated in the will or someone like a spouse receiving less than the testator/