Don’t leave it to the feds - what happens when you don’t have a will?
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I know you don’t want to think of it:what will become of my material possesions when i leave this earth?
The younger you are, the more eery/creepy it feels to be thinking about your death. But death doesn’t discriminate: there comes a time when sorting out a will is pertinent: you have children, grandchildren, a spouse: the people you leave behind will have to deal with problems of not having a will
Here is what could happen to your things if you don’t plan ahead:
An inheritor could be someone you didn’t want on the receiving end
Intestate succession (the legal process of distrubting your properties and assets posthumously) follows a legal formula based on which relatives survive you. It doesn’t take account of whether you were close, estranged, or had privately promised an asset to somebody else.
You could be no contact with your children; you could have chosen family, but the state doesn’t know that! And as much as we would like to imagine we can just tell our people how to handle things, the law doesn’t treat a passing conversation as set in stone: it's all about documentation and ensuring the state knows your plan.
Someone you wanted to benefit could receive nothing.
A friend, stepchild, or another truly important person in your life will not automatically inherit simply because you regarded them as family. The exact position of life partners can also depend on the legal nature of the relationship. With or without a marriage certificate, you need a will to ensure the right people receive their benefits. Yes, your romantic partner of 30 years was there with you until the very end - at the hospital holding your hand, managing the doctors and handling the bills- but that doesn’t automatically mean the state sees them as your legal partner.
Your assets can be divided way differently from what you imagined.
A surviving spouse doesn't necessarily “get everything”; the outcome depends on family circumstances and the applicable intestate-succession formula.
Did you know that famous singer/artist Prince had no will? In 2016, he died without a will despite leaving an estate eventually valued at around $156 million.
He had no spouse or children, so intestacy law determined who inherited. The estate took roughly six years to resolve, and ownership of his assets and music rights became complicated as some heirs sold their interests.
Don’t leave your affairs in a mess → https://www.accensis.co.za/
You lose the opportunity to nominate your executor.
If you don't nominate an executor, the appropriate person will be appointed through the estate-administration process; heirs may be asked to nominate someone.
You can't record your preferred guardian for minor children in a will.
That means you can't make a testamentary nomination indicating who you want to care for them. Ultimately, children's welfare and the applicable legal process govern what happens.
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A minor child's inheritance may have to be handled through the Guardian's Fund.
The Guardian's Fund exists specifically to hold and administer money belonging to minors and certain other beneficiaries who cannot administer it themselves.
Critically acclaimed actor Heath Ledger had a will, but it was outdated.
The “Dark Knight Rises” legend had prepared a will before his daughter Matilda was born. As a result, his estate went to his parents and sisters, rather than to his daughter.
But they did right by his kid: The Ledger family ultimately said the estate would go to Matilda, but not every family will do what their late loved one would have preferred; sometimes people see the money, and it gets to their head.
Estate planning shouldn't be treated as a once-off exercise. Whenever a major life event happens, you should review your will: divorce, death, marriage, or purchasing property should prompt a call to your fiduciary specialist.
A particular asset may not end up with the person you intended.
Maybe you wanted your daughter to receive the house, your son to receive the business, or a particular person to get a sentimental item. Without a will containing those instructions, intestate succession determines entitlement to the estate rather than those personal wishes.
Do you really want that family heirloom vase to end up in the hands of your clumsiest relative?
Aretha Franklin’s will was under her couch cushions.
When Franklin died in 2018, everyone initially believed she had died without a will. Later, people found handwritten documents in her home, including a 2014 document under the sofa cushions. Her sons ultimately went to court over which document should govern her estate, and a jury ruled in 2023 that the 2014 document was valid.
A sofa isn’t a filing cabinet or bank, as we learned with our very own president → create a real will with Accensis.
It can create fertile ground for family disputes.
The law may produce a technically correct result that doesn't reflect family expectations or relationships, leaving relatives arguing about what the deceased “would have wanted.” The South African Department of Justice specifically identifies avoiding family disputes as one benefit of having a valid will.
In Michael Jackson's case, estate planning can still be challenged. Jackson had a will and trust arrangements, but after his death, members of his family publicly disputed the validity of his will and attacked the executors.
His estate became a useful example of how important properly drafted documents, carefully selected executors, and a comprehensive estate plan can be.
What a scramble for the Jackson 5 and their predecessors
Clear documentation and choosing the right people to administer your estate can matter almost as much as deciding who inherits.

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