Drafting a Will
Have you considered what will happen to your assets when you are no longer around and how these assets will be distributed among your loved ones? Momentum’s Estate Administration services gives you complete peace of mind that your estate will be administered in accordance with your last wishes as contained in your Will.
- Draft your Will in accordance with your wishes.
- Ease the burden on your loved ones after your death.
- Ensure that your dependents are taken care of after your death.
What is a Will
A Will is a legal document explaining what should happen to your assets when you die. Assets could be your car, house or any savings or investment account. It’s important to have a Will as it allows you to accurately communicate your wishes.
The aim is to have an executable Will. Having a Will is an essential part of your financial plan to ensure that the terms of the Will are carried out according to your wishes.
Why use Momentum
Trust for your Wills?
With Momentum Trust, drafting a Will is simple and convenient. We'll help you understand the legal implications and ensure that your Will isn't confusing or misinterpreted.
In addition, we provide a Will safe-custody service that offers you a secure facility in which to store your original Will. The service also entitles you to free Will amendments.
A Will typically includes:
- Nominated beneficiaries such as a person, charity or an organisation that inherits an asset.
- Nomination of an executor who will carry out the instructions of the Will regarding the distribution of assets to named beneficiaries.
- Guardians for minor children.
- Instructions on how and when the beneficiaries will receive their assets.
Your Will should nominate a professional executor who will administer your estate and adhere to all applicable laws. At Momentum Trust, we accept appointments as executors.
Lifestyle events that influence your Will
When one of the following life events happen, your Will needs to be updated:
- Starting your working career.
- A change in marital status - getting married or divorced.
- A change in your assets, such as purchasing a home.
- The addition of new family members, including the birth or adoption of a child.
- Dependency of family members, especially those
with special needs.
- Death of a family member or beneficiary.
- The establishment of a business.
The importance of a Will
Having a professionally drafted Will gives you the opportunity to decide on how you'd like your estate to be handled after you've passed on.
Want to know more?
What happens to my assets if I don’t have a Will in place?
Without a Will your beneficiaries will be identified by applying the rules of the Law of Intestate Succession. This essentially means that people you may not want to necessarily benefit from your estate could inherit your assets.
Can I draft my own Will?
It's advisable to seek the guidance of a professional to assist with drafting your Will as your Will is the only legal document that deals with all of your assets. Your Will and your financial plan should "talk" to each other. Rather have a specialist draft your Will that is legally correct and in accordance with your wishes.
How long is my Will valid for?
Your Will remains valid until it is replaced by a latest updated Will. The date that the Will was signed will be used to determine which Will is the latest.
How can I make changes to my Will?
You can send any updates or changes to your Will to your financial adviser or email email@example.com. It's important not to use codicils which are additional pieces of paper containing new clauses to your Will, or making any written changes on your Will document as this could potentially lead to the validity of the Will being questioned.
Do I need a separate Will for my offshore assets?
We can assist with drafting a Worldwide Estate Will however, due to different legal systems in certain countries, it's advisable to discuss this with your financial adviser.
Is it necessary to have a Trust if I have a Will in place?
You will always need a Will but you will not always need a Trust. If there are minor beneficiaries or beneficiaries with special needs that could inherit from your Estate, it is advisable to have a Trust in place. Speak to your financial adviser to find out if you need a Trust, and which Trust structure will be best suited to your requirements.