COVID restrictions on the size of group gatherings may stop groups of 3 persons coming together to sign and witness a Will so get your Will done ASAP in case restrictions on group sizes of under 3 persons are imposed.
Author: EzWills
How executors of estate decide and if disagreement arises
How do executors make decisions? Where more than one executor is appointed all executors have to agree unanimously on everything. Executors can’t make decisions based on simple majority and everything has to be decided jointly. Unless the Will specifically identifies a dispute resolution process if a disagreement arises everything comes to a halt. Avoiding disagreement […]
Executor of Will protecting infant’s inheritance
Some people worry about the safety of your infant children’s inheritance upon your passing. This is a genuine concern that needs attention when making a Will. Start by thinking of the role of the executor of your will. On the other hard, if a beneficiary is under 21 years of age he/she does not have […]
Probate process explained
If you don’t know anything about the Probate process this is a simple explanation of the process. Process following death When a person dies the person appointed Executor by the Will is required to apply for a Grant of Probate. The Court has to be satisfied that: The person has died (done by producing the […]
Specific gifts and residuary gifts explained
In a Will you can make a specific gift or a residuary gift. A specific gift is a gift of something you own e.g. a watch or a diamond ring. Giving a specific gift means the item given is taken out of the rest of your estate and has to be dealt with before payment […]
Writing a Will for someone else
risky is it not a good idea to use an online Will making platform like EzWills to create a Will for someone else? Helping someone else to write a Will for him/her can be risky. This is even more so if you are using an online Will making platform like EzWills to do so. In […]
Will signing witnessed via skype or zoom – is such a Will valid?
Can a Will be validly made if the will maker’s signature is witnessed remotely via video call, skype, facetime or zoom? This question has arisen because COVID-19 has caused difficulties for people to come together physically in each other’s presence. Wills Act requirements – ‘in the presence of’ Section 6 (2) of the Wills Act […]
Is a Will signed digitally using an electronic signature valid?
“Is a Will signed digitally using an electronic signature valid?” and “can I have my Will signed with my witnesses watching on Skype?” are questions that have arisen since the Global Pandemic hit. Wills Act requirements Section 6 (2) of the Wills Act requires every Will to ‘be signed at the foot or end’ of […]
What is a Mirror Will or what are Mirror Wills?
Mirror Wills are wills usually made by couples (married or unmarried) that ‘mirror’ each other. They are different from identical wills in that identical wills are exactly identical to each other e.g. the same person may be appointed executor in each identical Will. With mirror wills each will may follow the same ‘pattern’ except like […]
Simultaneous death of a couple – what happens?
If 2 persons die under circumstances where it is impossible to know who died first the commorientes rule applies and the elder is deemed to have died 1st. This may lead to an inequitable outcome.