The Star: March 22, 2018
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4 law/puzzles<br />
Many people put off making a Will – it’s<br />
almost as if making a Will acknowledges<br />
one’s own mortality! But if you die without<br />
a properly made Will, you are said to<br />
have died intestate and your estate will be<br />
settled according to the provisions of the<br />
Administration Act (“the Act”). Under<br />
the provisions of the Act your estate will<br />
be divided in set proportions amongst<br />
your surviving spouse, children and/<br />
or immediate family. Almost inevitably<br />
the result is that your estate<br />
is divided in a manner<br />
different from how you<br />
would have wished. On<br />
the other hand, if you<br />
have made a Will,<br />
you can relax in the<br />
comfort of knowing<br />
that your affairs will<br />
be administered in<br />
accordance with your<br />
wishes.<br />
As well as dealing with<br />
your property, your Will can<br />
also be used to give directions as to<br />
your preference for burial or cremation<br />
and the type of funeral you desire. If you<br />
have young children, you should always<br />
take the opportunity to appoint a guardian<br />
to represent their interests in the event of<br />
your sudden death.<br />
If you have a child with special needs<br />
and it would be inadvisable for him or<br />
her to receive a direct cash payment<br />
from your estate, it is possible to set up a<br />
Testamentary Trust in your Will, to ensure<br />
that the child’s needs are met during their<br />
lifetime. Upon their death, the remainder<br />
of the capital and interest of the Trust can<br />
to wILL oR<br />
not to Will?<br />
then be divided among other beneficiaries.<br />
Similarly, people will often choose to<br />
leave their surviving spouse a life interest<br />
only in their share of a house property or<br />
other investments, so that they enjoy the<br />
use of the asset (or the income from it)<br />
during the remainder of their lifetime, but<br />
on their death, the capital is passed to the<br />
children of the relationship. This can suit<br />
second or subsequent relationships and<br />
can have the additional benefit of<br />
the surviving spouse having<br />
fewer assets in their name<br />
if they are later asset<br />
tested for eligibility<br />
for a subsidy.<br />
Even if you have a<br />
Will, don’t forget that<br />
it is a document that<br />
needs to be reviewed<br />
from time to time<br />
as your circumstances<br />
change. A good rule of<br />
thumb is to review every five<br />
years, or if something significant happens<br />
in the meantime. <strong>The</strong>re are certain events<br />
that make it absolutely essential to update<br />
your Will. For example, if you marry<br />
or remarry your Will is automatically<br />
revoked, unless it was made in<br />
contemplation of that marriage. Likewise,<br />
if your relationship comes to an end or<br />
your marriage is dissolved, or if you have<br />
wound up your Family Trust your Will<br />
should be reviewed.<br />
Give Phillipa Shaw a call on 352-<strong>22</strong>93 to<br />
arrange an appointment to discuss how a<br />
new Will would be of benefit to you.<br />
EXERCISE the mind<br />
SUDOKU - EASY<br />
SUDOKU - MEDiUM<br />
QUiCK CrOSSwOrD SOLUTiOnS On PAGE 6<br />
ACrOSS<br />
1 Curved structure (4)<br />
3 Pre-dinner drink (8)<br />
9 Chewy sweet (7)<br />
10 Composer of La Traviata (5)<br />
11 Mar (5)<br />
12 Lever for turning a rudder (6)<br />
DOwn<br />
1 Forebear (8)<br />
2 Freight (5)<br />
4 Courteous (6)<br />
5 Competitor (5)<br />
6 Underwater projectile (7)<br />
7 Equitable (4)<br />
14 Something strange (6)<br />
16 Pandemonium (6)<br />
19 Three-legged stand (6)<br />
21 Confronted (5)<br />
24 Proclamation (5)<br />
25 Chivalrous, dashing (7)<br />
26 roasting (anag.) (8)<br />
27 Aspersion (4)<br />
8 Charm (6)<br />
13 One to whom money is owed (8)<br />
15 Beloved (7)<br />
17 nonsense (6)<br />
18 Proverbs (6)<br />
20 Donned (3,2)<br />
<strong>22</strong> Swimming stroke (5)<br />
23 nil (4)<br />
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