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Making a new Will


It is an accepted fundamental right of each person to make out a Will and nominate who will inherit their assets on their death. Most people also want to ensure that their families are provided for when they die. Wills are therefore not just for elderly people but for everyone, particularly those who have recently married, divorced, bought a new home, lost a partner or given birth to a child - whose personal circumstances have changed and they would like to provide for their new partners or family or deal with new assets they have recently acquired.

What happens if I don’t have a Will?

The rule of intestate succession (inheritance without a Will) is that your children share equally what you may have left, together with any spouse you may have married and failing any, your parents. This is simplified and there are also some limits and criteria that also apply. A Will also appoints someone to handle your estate administration (an Executor), and without a Will and Executor appointment, your family would have to follow a process to get one appointed. It may be one of your family members or an attorney. There could be considerable delay getting your estate administration under way whereas a Will sets the process into motion immediately and your intentions are clearly set out and respected.

How much will it cost?

A Will is cheap and will probably cost you between R200,00 and R450,00 and will give you peace of mind knowing that you have provided for your family and given your instructions how to handle your assets. An attorney is best positioned as a professional specialising in estate law to handle your Will. An online Will is available here free - click on the logo to the right. Some banks also offer Wills as a free service, but if you die without leaving a large estate they often abandon appointment as Executor as the administration will not make enough money for them - this leaves your family virtually in a position of not having a Will to regulate your wishes. Mc Naught and Company accept all appointments and are well positioned to give you professional estate advice and administration.

Mc Naught & Co can assist you with setting up a will
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Administration of Deceased Estates
 
Executor Appointed

A deceased estate is administered by an Executor who is either appointed in terms of a Will or is appointed by the Master of the High Court if there is no valid Will. You can appoint a family member, or your attorney or a bank official to be the Executor of your estate.

What does the Executor do?

Once appointed, the Executor collects in all money due to your estate, closes bank accounts, sells assets that the heirs do not want to keep or are not required to be sold to pay expenses, and collects all accounts that need to be settled. After this an account of the Estate finances is lodged with the local Magistrates’ Office where anyone may inspect them after advertising this in the newspapers. If there is no objection to this Liquidation and Distribution Account, the Executor is entitled to pay all accounts and distribute the remainder and any special bequests to the Heirs who were appointed in terms of the Will, or if no Will, in accordance with the Laws of Intestate Succession.

What does it cost?

A tariff of 3,5% plus Vat of the value of the assets of the deceased is usually charged by Executors to wind up an estate. Bank executors may also charge a valuation fee as well as itemise and value every piece of furniture or personal effects. Check the costs with us for competitive pricing.

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