Sunday, March 11, 2018

When you will need to rewrite your Will? (2)

Situations where Testators need to consider rewriting their Wills

5. Guardian status changes
A guardian can cease to act because of

  • death
  • incapacity
  • unsound mind
  • change of heart in that he becomes unwilling to act
  • change of religion
  • migration to another country
  • judicial separation or divorce in the case of joint guardians who are married to each other


6. Beneficiary status changes

The testator needs to look at the changed proportions for distribution when a beneficiary:

  • predeceases testator
  • becomes bankrupt


7. Witness status changes
There will be problems obtaining a probate when both witnesses:

  • predecease testator
  • are no longer contactable
  • have migrated to another country


8. Change of wishes or mind regarding

  • Beneficiaries
    * Because of bad behaviour, etc - can be reapportionment or reallocation of assets, or even withdrawal of gifts
  • Executor
    * Because of untrustworthy, immoral or other inappropriate behaviour - a trust company like RWT would be a good replacement
  • Guardian
    * Because of untrustworthy, immoral or other inappropriate behaviour - the testator identifies his own replacement guardian


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