During the past year or so, it has become apparent to us that the service received by clients in respect of Wills and Deceased Estates has been less than stella.
It appears that all too often, either the terms of the Will were less than well-conceived, and/or that the process of winding up the Deceased Estate was long and tortuous.
A Cut-and-Paste Will Is Not Enough
It is our view that in order to draw a Will properly, a draftsman must have a professional background as well as reasonable knowledge of a client’s circumstances, including both financial and family circumstances.
A “cut and paste” Will, which is commonly used, often leads to disappointment and disagreement amongst those left behind.
In addition to the above, if a Will has not been carefully thought through, it can lead to serious impediments when it comes to winding up the Deceased Estate. The various Master’s offices in South Africa are already underwhelming, to say the least, and further complications which may arise as a result of an ill-conceived Will, only add fuel to the fire.
Communication Is Key
A further issue which has come to our attention is that when a Deceased Estate is being wound-up by a “clerk” employed by an institution engaged in this work, communication with heirs and vice versa tends to be problematical.
This is not surprising as such persons (“clerks”) have no personal relationship with the heirs and family of the deceased and are simply fulfilling an administrative function.
As a result of the above, we have been asked by a few clients to undertake this work and we have now decided that it is an important service.
Accordingly, we have taken the view that where clients want us to act as Executor of their Deceased Estate, we shall draw their Wills at no charge. In addition, depending on the nature of the Estate, we would negotiate a fair fee for the work to be undertaken.
In instances where the client wishes to appoint an Executor other than ourselves, we would charge a fair fee for the drafting of the Will.
It is our commitment that Wills drawn by us, and Deceased Estates wound up by our firm, shall have the personal involvement of a Director, who would be available to clients and, in due course, their heirs and beneficiaries.
If you have any questions about your Will, you can contact Peter or Mark Blanckenberg here.