Estate Planning and Wills
Properly drafted wills and practical estate planning, designed around your circumstances.
Estate Planning and Wills
A will is one of the most important legal documents many people will ever sign, yet it is often delayed, copied casually from unsuitable precedents or signed without proper consideration of the consequences. A sound estate plan does more than name beneficiaries. It should be designed with the client's family structure, assets, liabilities and practical wishes in mind.
At Spence Attorneys, we assist clients with wills and estate planning in a careful and practical way. We advise on straightforward wills as well as more considered planning where there are minor children, blended families, immovable property, business interests, vulnerable beneficiaries, trusts or cross-border considerations.
A poorly prepared will can cause uncertainty, disputes, delay and unnecessary cost after death. In some cases, part of the estate plan may fail entirely because the document was not properly drafted or signed. Proper advice now can spare a family significant difficulty later.
Our services include
- Drafting of wills
- Review and updating of existing wills
- Testamentary trust provisions
- Estate planning advice
- Succession planning support
- Advice involving minor children and guardianship provisions
- Planning involving immovable property and business interests
- Guidance on practical estate planning considerations
When to get advice
Advice should be obtained when preparing a first will, after marriage, divorce, birth of children, acquisition or disposal of major assets, changes in family structure, relocation, or where a client's existing will no longer reflects present wishes.
Why clients instruct Spence Attorneys
Clients instruct us because they want their will properly drafted, legally valid and workable in practice. Estate planning should not be treated as a box-ticking exercise. We assist clients from across South Africa, with our offices based in Pinelands, Cape Town.
Administering an estate?
A well-drafted will significantly reduces the burden on executors and beneficiaries when an estate is wound up.
Read about Deceased Estate AdministrationFrequently asked questions
Do I really need a will if my family knows what I want?
Yes. Verbal wishes do not replace a valid written will.
How often should a will be reviewed?
It should be reviewed whenever there is a material life change and periodically even where no major event has occurred.
Can I appoint guardians for minor children in a will?
A will can record the testator's wishes regarding guardianship, which may be highly relevant if both parents are no longer alive.
What is a testamentary trust?
It is a trust created under a will, often used where beneficiaries are minors or where asset protection and structured administration are required.
Can a will deal with business interests?
Yes, but careful planning is required to avoid practical difficulties.