Introduction
Death is an inevitable fact that we will all face at some time in
our lives, be it the death of a loved one or our own eventual
passing. What is also inevitable is the grief that we will
encounter during such a time. Everyone copes differently,
but what is important is the need to protect loved ones from
additional administrative and financial problems during such
times. Everyone needs to think of how to prepare for such
an eventuality and we need to do this when we are well and
our minds are still clear. Preparation before death – estate
planning – helps with making decisions about:
• What will happen to our money, belongings and the
people we love after we die and
• Putting solutions in place so that people have instructions
on what to do with our property, our savings and other
financial matters such as pension and insurance.
In our law there are two ways of sorting out the property of a person who has died. One is when a person prepares a will before his/her death. This is called testate succession. The other is when a person dies without a will and we call this intestate succession.
Leaving a will is very important if you have property or
children. But it is equally important that you take care when
writing out your wishes. The law is very careful about wills.
You have to put your wishes down in writing and you must
use clear language so that any person reading the will can
understand it. If certain legal requirements are not met,
then the Master of the High Court could reject your will
and use the law of intestate succession to
distribute your possessions. If you write your will properly there will be no arguments after your death and members
of your family will not need to go to court to sort out any
problems that can result from an unclear will.
Read more ![]()
(Chapter 12 - Legal Aspects of Palliative Care)
Related articles:
Codicil to existing Will
Legal Aspects of Palliative
Care (book)
MISSION STATEMENT
To Promote quality in life, dignity in death and support in bereavement for all living with a life-threatening illness by supporting member hospices and partner organisations.
PATIENT CARE & TUBERCULOSIS
Tuberculosis is a curable disease but sadly in South
Africa it is a leading cause of death in people who are co-infected with
HIV. The member organisations of the Hospice Palliative Care Association
(HPCA) provide care and support to large numbers of people living with HIV
and are ideally placed to make a significant contribution towards addressing
the TB crisis in our country. Read more ![]()
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