Estate / Last Will and Testament
The objective would be to comply with Legislation at all times, ensure that there is no conflict of interest and that the estate will be dealt with in an equitable, practical and timeous manner.
Burial requests:
Ensure that your next of kin is informed, as this will be noted in your Will as an expressed wish.
Business Interests:
A Buy-and-Sell Agreement is the preferable method to ensure the disposing of your business interests as a going convern.
Foreign Estate:
Foreign assets and a separate Will dealing with Onshore and Offshore Assets, as probate formalities differ from country to country, must be determined as not to create a conflict of interest.
Guardianship:
Children (under the age of 18),are considered as minors and therefore guardianship must be carefully considered. The nomination must be aware and willing to accept the appointment. If not an alternative nomination should be provided as a substitution.
Inter Vivos (Family) Trust:
CGT Implications regarding an Inter Vivos Trust must be taken into consideration and any loan must be recorded as to be taken into account.
Maintenance:
A Testamentary Trust can be an effective means for any claim that could arise against your Estate and must be adequately provided for in such instances.
Substitution:
Stipulate in your Will that should a beneficiary predecease you or simultaneously passes away with you, who should benefit in his or her stead.