Have you updated your Will since separating from your partner?
Have you updated your Will since separating from your partner? If not, your ex and family members could be in a tug-of-war over your possessions.
In Cape Town, Afrikaans singer Amor Vittone contested the Will of her estranged husband and former Springbok scrumhalf Joost van der Westhuizen (read more here), who passed away in 2017 due to motor neuron disease.
Vittone contested the 2015 Will in favour of a previous Will made in 2009 when the couple were still together and she was to inherit the majority of his estate. The Will was contested on the grounds that it wasn’t signed by van der Westhuizen himself, but by his lawyer who acted as Commissioner of Oath because of the severity of the ex-Springbok’s condition.
Judge Hans Fabricius ruled van der Westhuizen’s 2015 Will be valid in the High Court of Pretoria, meaning Vittone only inherited a television set from her estranged husband. His estate was bequeathed to the J-9 Trust, whose only beneficiaries are his two minor children.
Fortunately for van der Westhuizen, his final wishes were fulfilled. However, even with strong legal support and planning, this is not always the case.
Your Will should be updated frequently, especially following marriage, divorce and buying or selling a property. If you have any questions regarding updating your Will or the events above feel free to contact our office at email@example.com or call 3345 4388.