Melvin D'lima: WHERE THERE IS A WILL THERE IS A WAY

August 2020

A Will is a document written and left by a deceased person, expressing his wishes after his death such as: -

How and where he/she is to be buried?
The Guardianship of his/her children especially those under 18
How his/her properties and assets should be distributed and to whom?( a deceased person assets and properties are known an Estate)
Terms and conditions regarding certain assets and properties
Creating a trust especially for minor children

Your wishes, terms, and conditions must be very clear without any ambiguities
You must sign it in the presence of two adult witnesses. They should not be beneficiaries; they should write their full names, postal addresses, and against their signatures.
You must date your Will preferably in your own handwriting
You should specify your assets and properties and give them proper descriptions.
You should be very specific regarding your beneficiaries named in your Will.
Avoid disinheriting certain people like your wife and children.
If you forget something in your Will and you remember it later on, then you can do a document called a Codicil.

Your wife/husband
Your biological children
Any step children or adopted children
Any persons for whom you have taken responsibility for several years who have now become your dependence
Other persons may include your parents, siblings, workers, friends, etc.
You are not under any legal obligation to bequeath anything to your divorced wife or husband. (give Example of John’s Estate)
You should stipulate what will happen to the share you have given someone if that person predeceases.
You should also stipulate that any debts liabilities, hospital bills, funeral expenses, legal expenses and any other expense required to administer your estate etc. should be paid out of your estate
You should name your chosen executors and administrators in your Will. It is okay if they are your beneficiaries suffice that they are people that you know who will be diligent in fulfilling your wishes in fairness and justice

When you leave a Will, it is said that you dead Testate but if you die without leaving a Will it is said that you dead Intestate
If you do not leave a Will your Estate will be governed by the law of succession and it may be distributed in a manner that you would not have wanted
The absence of a Will leads people to purport to interpret your wishes and since each person will be motivated by personal interest then it means that the various interpretations will inevitable conflict
Without a Will your beneficiaries may not know where what assets and properties you owned and in which case dishonest people like lawyers or bankers will be left enjoying your properties
A Will enables you to reveal all your assets and properties and their whereabouts
When your wishes are clearly written down it is often difficult to dispute them as opposed to when you level verbal wishes and instructions to one or two people which causes those who were not present to dispute what you might have said
It is wise to indicate what will happen if any of the executers pass away or are not able or are unwilling by saying that the remaining ones will act on their own or they must appoint others
Where some of your beneficiaries are under 18 years old then a Trust automatically arises within your Will for the protection of those minor beneficiaries

Your Will should be kept with your trusted Lawyer in safe custody or by any other trusted person

If your Will contains instructions as to how you should be buried then you should stipulate that it be read before your burial
Avoid instructing that you be buried somewhere that you know will cause legal problems
All your beneficiary named in your Will should all be present during the reading of your Will if possible

This is the work of your lawyers. Because it is a legal process that must go through the court system. Where your Estate value is below a certain amount it does not need to go through the court process it will go through the public trustee
Your net Estate value is calculated by taking the value of all your assets and properties and deducting all your liabilities and debts.

How to Resolve disputes arising among your family and beneficiaries even where there is a Will

Where there is a Will there is a way, but where there is a clear Valid Will then there is a better way
Leaving a Will is only 50% of the solution, because even with a Will disputes do arise.
Where some of your beneficiaries feel short changed
Where others may feel you were manipulated or where the beneficiaries feels that their executers or trustees are not doing the right thing
This disputes are best resolved through ADR- alternative Dispute Resolution instead of the court system such as family meetings where you create a deed of family arrangement or failing which then a family meetings with a few non family members to assist in the discussions failing which a mediation with a trusted person to mediate either a pastor etc. failing which then a formal mediation with a court certified mediator appointed by the court. This means that you will have to file a case in court which the judge will then refer to mediation.

Melvin D'lima