It’s Wills Month in South Africa and as our country’s leading wills and estate specialists, Capital Legacy is putting a unique spin on awkward positions in which people have perished to illustrate that the most awkward position of all, is dying without a will.
“The reason we’re so passionate about this – and why we launched a pretty brave campaign about it – is because we have seen the drama for families when a loved one dies without a will, or their will wasn’t updated and their affairs were not in order,” says Craig Harding, Capital Legacy CEO.
Capital Legacy is sharing some stories of real-life events that illustrate the seriously awkward positions they’ve encountered when administering deceased estates. Key details have been changed to protect the privacy of those involved (and to spare the blushes, in some cases!).
Colin’s convertible
Colin got divorced. He and his ex-wife had a daughter together and he wanted the daughter to inherit his beloved convertible should anything happen to him. Colin specifically did not want his ex-wife’s boyfriend to get his hands on the car because he couldn’t stand the guy. So, he amended his will in favour of his daughter. When he passed away, it turned out he never signed the new will. By law, this meant reverting to his previous will, meaning his ex-wife inherited everything. A vehicle is considered an asset in a deceased estate, so the convertible was included.
Now, his ex-wife’s boyfriend is driving around in the car and Colin’s friends are cringing because they know it’s the last thing Colin would’ve wanted. This is how your worst nightmares can come true, and your loved ones left facing awkward scenarios if you die without a valid will.
Billy’s bulldog
Billy loved his bulldog, Winston. In his will, Billy wrote that everything he owns should be divided between his son and his daughter when he passed away. To the kids’ surprise, after their dad died, the executor told them this included Winston and technically meant the dog had to be split equally between the two of them. Of course, you can’t actually chop a bulldog in half, but the awkward truth was that without clear instructions, the law treated Winston the same as possessions like furniture and bank accounts.
Luckily, common sense prevailed, and Winston went to live with Billy’s son while the daughter received assets of equal value from the estate. This awkward mix-up could have been avoided with a simple clause in Billy’s will, stating “My pets must be cared for by my children, who can decide on their future homes". This would have prevented confusion and ensured Winston’s welfare was protected from the start.
Second wife Sienna evicted
Simon got divorced and remarried without updating his will. This meant he was running the risk of his first wife, Fiona, inheriting if he passed away before amending his will in favour of second wife, Sienna. Of course, as luck would have it, that’s exactly what happened. Imagine Sienna’s surprise when she and her children were evicted from the property they’d been living in and left without a home, while first wife Fiona and her kids were free to move back in. Sadly, these cases are not rare and are often explosive because they involve ‘mama bears’ fighting for their kids and their livelihood. Things get nasty and ugly – all because a will was not amended, leaving everyone in an extremely awkward position.
Aunt Sisi’s struggles
When single mom Zinhle died without a will, Thandi (9) and Nozipho (7) went to live with their aunt, Sisi, and their inheritance had to be paid into the government Guardian’s Fund. As the girls’ legal guardian, Aunt Sisi was quickly swamped with paperwork, spending more time in queues than she ever thought possible. Zinhle’s estate did provide for the girls’ care and upbringing. However, Sisi soon learned this comes with forms – lots of them. To buy school shoes, she needed an invoice; for stationery, a quote; for the clinic, proof of appointment. She could receive maintenance money, but only into her bank account once it had been verified.
This meant letters of guardianship, bank-stamped statements, an affidavit stating why two active, growing young girls needed more food. She queued until she could queue no more. Meanwhile, lunchboxes had to be packed, bigger school uniforms bought, and the girls’ daily needs met. Worst of all, it’s going to continue for years – until Thandi and Nozipho turn 18. Saddest of all, many of these struggles could’ve been avoided if their mom had drafted her will and created a testamentary trust for her two minors.
Uncle Harry’s hunting rifle
Johnny’s uncle Harry farmed in the Eastern Cape his whole life. When he was a boy, Johnny often visited during school holidays. One of their favourite pastimes was to go hunting together. When Uncle Harry died, there was no mention of the hunting rifle in his will, but he had told several family members that Johnny must have it. Uncle Harry thought he was passing on a family heirloom as his father had done when leaving the hunting rifle to him years ago. He didn’t consider the admin for a second, or the fact that gun laws in South Africa have become much stricter in recent decades.
Firearms are now so tightly regulated that Johnny could not take possession of the rifle without completing firearms training, getting a competency certificate, and successfully applying for a firearm licence. Else he would be breaking the law and could be arrested. Getting the paperwork in order would take time and cost money. Meanwhile, the rifle would have to be held in ‘dealer stock’, which means safe storage by a registered gun dealer. The cost of this would have to be covered by Uncle Harry’s estate. Unfamiliar with the Firearms Control Act, Johnny put the rifle in his car to go and place it in safe storage, only to be pulled over at a police roadblock and the rifle found in his boot.
Long story short, Johnny faced an awkward (and scary!) scenario trying to stay out of jail.
Sean’s plans dashed
Small business owner, Blake, passed away without a will. He was a widower, so dying intestate meant his windscreen repair business would go to his only son, Sean. However, Sean was studying in the UK with plans to pursue a career in sports science in the English Premier League. Sean had no interest in windscreens, whatsoever! The upshot of Blake passing away with no will and no succession plan, meant Sean had to suspend his studies and return to SA to sort out his father’s business.
Blake had not kept the books up to date, there was no valuation in place, and no tax return had been filed with SARS. Blake could have kept Sean’s future intact by drafting a will and planning for his business to be taken over. Instead, his death put Sean in an awkward position with his plans for the future dashed and no choice but to to take on the long, onerous task of wrapping up his dad’s business.
Ready to feel less awkward?
By having an updated, valid will, (and preferably having it drafted by professionals that can guide you on the legalities and what to look out for), you and your loved ones could be spared dramas like these. It’s Wills Month – no better time to get your affairs in order. Don’t procrastinate and leave your family in an awkward position. Wills Month is the perfect time to act. An hour of your time is all that’s required to draft your will and get your affairs in order.
