Wills and the Administration of Estates

“…Everybody knows they are going to die …but nobody believes it…”           Mexican Proverb

last will

What is a Will?

A Will is a written statement contained in a document, in which the person states their intentions and instructions for their distribution of the assets they possess, at the time of their death. The Will has to be signed and dated, by the person making the Will [ called “the Testator” (if male) and “the Testatrix” (if female) ] , in the presence of two other persons, who at the same time, also sign the Will, beneath the Testator’s/Testatrix’s signature, in the presence and sight of each other and in the presence and sight of the Testator/Testatrix.

Why Make a Will?

Because if you do not make a Will you will have no say as to who will inherit your assets, or who will become the Guardians of your minor children, on your death. If there is no Will made by the deceased person then the Law’s own mandatory rules regarding the distribution of the estates of “Intestates”( i.e. persons who die without having made a valid Will ) alone will dictate how your assets will be distributed amongst your relatives/next- of- kin. You may have wished other persons to inherit your assets e.g. a dear lifelong friend or a favourite charity.

Couples with children will be able to use their Wills to leave instructions as to whom they wish to be the Guardians of their minor children during the children’s minority. This will enable the parents to ensure that suitable persons who share their love and objectives for their children are the people who will care for their young children in the event of their untimely deaths, during their children’s minority

Who can make a Will?

Any person, of sound mind, who is over the age of eighteen years PROVIDED they are not under undue influence or pressure from somebody else to do so i.e. they must be making the Will of their own free choice .

Are there different types of Wills?

Yes ! depending on the circumstances of the person intending to make the Will, different types of Wills may be appropriate in each particular case. As you will appreciate, a single person will normally have different objectives for their Will from those of a married couple with young children. A widow or widower will also usually have different objectives for their Will from either of the aforementioned.

How do I get started making my Will?

You can begin by filling out the CLIENT WILL INSTRUCTIONS FORM in this section and forwarding it to us. We will then revert to you for the purpose of making an early mutually convenient appointment for the purpose of assisting you in making your Will.

What’s meant by “The Administration of the Estate of a Deceased Person”?

Administration of the deceased’s Estate is the term used to describe the process whereby a deceased persons assets are distributed by his/her Executors (i.e. where there is a valid Will in existence ) or Administrators (i.e. where they have died without a valid Will being in existence)

For more information on Wills and Administration please see our LIBRARY