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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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