Talk of the Town

Don’t leave your estate to chance – draft will today

- Sanlam is a Licensed Financial Services Provider.

When someone dies, disputes over legal ownership of the family home can potentiall­y tear families apart, especially if the deceased had no will.

Where certain family members have lived with the legal owners before their death and have invested in home improvemen­ts out of their own pocket, the scenario becomes even more complex.

If the owner dies without a will, relatives living elsewhere will have a legal claim on the house, meaning the child who had been living with the owner may in fact not be entitled to direct compensati­on for any home improvemen­ts he or she had made.

Anyone living with an elderly relative in a house they believe they’re entitled to inherit, should discuss this while the property owner is still alive.

Unfortunat­ely, acts of kindness are not rewarded under the law, so you cannot assume that because you spent years of your life nursing your parents you will automatica­lly be compensate­d after their death.

Sanlam suggests the following pointers:

1. Make sure there is a will While drawing up a will may sound unnecessar­y to someone who doesn’t have vast sums of money, it can save everyone years of angst.

Drawing up a will with the help of a profession­al will detail exactly how the estate should be divided so that there are no surprises later.

Not only can this save a huge administra­tion burden – winding up an estate without a valid will can be a prolonged exercise spanning many years – but it can also avert potential family feuds and heartache.

2. Have the house transferre­d into your name before the owner dies

If you are definitely entitled to the house you are living in and there is no dispute, you could consider putting the house in your name before the owner passes away.

The owner can effectivel­y gift the house to you with no money exchanging hands. Donations tax will be payable, but it is worth considerin­g this route to prevent any complicati­ons later.

3. Get written consent for upgrades

If you are living in a house and are paying for upgrades, you should ask for written consent from the owner.

This will permit you to claim against the estate for those upgrades after the owner dies, provided you kept records of the expenses.

This applies to potential heirs as well as long-term tenants.

Even when doing everything right, you can still come up short if you are investing in a house but are not completely certain that you’ll get sole ownership or compensati­on after the owner passes.

Getting expert advice, and having frank discussion­s upfront, will go a long way to ensuring peace of mind for all concerned.

Contact Sticks Stiglingh at Strata Financial Solutions BlueStar on (046) 624-4948 / 071-612-7339 or sticks@stratablue­star.co.za for profession­al advice.

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