There is no subject more sensitive than a person’s property after their passing – and no subject more complicated to manage without prior preparation. Wills and estates deal precisely with this: how a person’s assets will be distributed after death, who will receive what, and whether the distribution will reflect the person’s wishes – or the law.
When significant assets are involved, including sale and purchase of real estate, it is important to understand the legal implications as part of proper estate planning.
Why Should You Make a Will?
Making a will means deciding in advance. It allows you to regulate everything that matters to you, to define precisely who receives what, how, and when. Without a will, the Inheritance Law determines the outcome – and it does not always reflect your personal wishes. Many families become involved in painful disputes simply because “we never got around to making a will.”
What Is Inheritance According to the Law?
When there is no will, the Inheritance Law determines who the legal heirs are. In most cases, this includes the spouse, children, and sometimes parents or siblings. The distribution is carried out according to predefined percentages. The problem? This does not always reflect what the deceased would have wanted.
What Types of Wills Exist?
- Handwritten will – written entirely in the testator’s own handwriting.
- Will witnessed by witnesses – signed in the presence of two witnesses.
- Will before an authority – made before a judge, registrar, or notary.
- Oral will – a rare case, when the testator is on their deathbed.
A will witnessed by witnesses is the most common – and it also provides strong legal protection.
When Is It Especially Important to Make a Will?
- Couples in a second marriage
- Common-law partners
- Families with children from previous marriages
- People with significant assets, businesses, or real estate
- People with family members who have special needs
- Anyone who wishes to bequeath assets to someone who is not a family member (for example, a friend or a charity)
In such cases, it is often also important to consider an enduring power of attorney, especially when it comes to future decision-making in the event of loss of capacity.
Mutual Will – What Is It?
A will made by two spouses based on mutual reliance – usually to ensure that each bequeaths their property to the other, and only thereafter to the children. It can be changed only by mutual consent, or under strict conditions after the death of one of them.
How Do You Ensure That a Will Is Valid?
- Prepare it in one of the legally recognized forms.
- Ensure clear wording that leaves no room for interpretation.
- Sign in the presence of witnesses when required.
- Deposit it with the Inheritance Registrar – not mandatory, but recommended.
Can a Will Be Changed?
Absolutely. As long as you are legally competent, you may make a new will at any time. The most recent will is the valid one – provided it was made in accordance with the law.
How Is an Estate Managed When There Is No Will?
An application for a succession order must be submitted to the Inheritance Registrar. A public notice must be published, documents collected, and formal approval awaited. In cases of disputes, the process is transferred to the Family Court.
When several heirs jointly receive a property, it is important to consider a solution such as dissolution of co-ownership in real estate in order to prevent future disputes.
Important Tips for Making a Will:
- Do not postpone it – death does not always come with advance notice.
- Invest in professional drafting – clear language prevents disputes.
- Include supplementary instructions: account management, who will safeguard personal belongings, and more.
- Consider future scenarios – for example, what happens if one of the heirs passes away first.
