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Wise up: Your ex-spouse could inherit your fortunes when you die

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Everyone must keep their wills updated to ensure their insurance payouts and estates benefit their loved ones, warns Nonhlanhla Nxele. Photo: Getty Images
Everyone must keep their wills updated to ensure their insurance payouts and estates benefit their loved ones, warns Nonhlanhla Nxele. Photo: Getty Images

BUSINESS


Last month was Will's Month, which meant the drafting and updating of recent wills received much attention and awareness in the media.

However, with most of us dealing with so much around us, such as managing monthly expenses, the hustle and bustle of getting by, and juggling home and work life, these headlines may have either passed us by or might have meant nothing to us.  

Working daily to ensure that your family is cared for is a good thing, but what will happen to them once you are gone? Do you want your children to start looking out for each other because you did not plan? Your hard-earned money and inheritance for your children might be at risk if you do not have a will in place.

READ: Insuring the cost of dying

Nominating your minor children as beneficiaries in your policy may not guarantee that they will receive the payout because it might be handled by someone who might squander your money instead of taking care of them.

To bring the point home to see the importance of always having an updated will, here are a few real examples of professionals who died young and unexpectantly, and, as a result, their families were not catered for properly.

Real-life story 1: A single mother of three children (two of whom are minors, and whom she had named as beneficiaries in her insurance policies) died unexpectedly and without a will. The bank sold the mother's home to recoup the outstanding balance of the bond, forcing the children to live with their grandmother. When the time came to make a claim, the children's father, who had never provided for them, handled their payout because he was their biological father. The father seized the payout and built a house for himself and his new wife.

Real-life story 2: In another story, a wife who had been divorced for eight years ended up inheriting most of her ex-husband's entire estate. This is despite the businessman paying her a huge separation lump sum during their divorce while taking care of his elderly parents and the woman in his life whom he had been staying with for five years.

The man had never updated his will and had left everything to his ex-spouse, who he had been long estranged from. The family was highly aggrieved but had no legal ground to challenge his will and, therefore, the ex-wife inherited most of his estate.

You may have heard that having a will is costly, but this is not the case. Certain organisations provide free wills. What is expensive is the administration of your estate, which includes unavoidable fees, such as executor fees, trust fees, and conveyance fees, for which you must make provisions because they may be collected from your beneficiaries if you do not. Not to mention the provision for covering those monthly expenses, as debit orders continue until the bank is notified that you have passed away.

Do you wonder where your beneficiaries will get the money to pay for all these fees? Don’t leave the burden behind. Put your affairs in order.

This is where your certified financial planner can assist you in developing a comprehensive plan to address all these issues and ensure that everything intended for your beneficiaries is cared for and protected. Remember that even if you have no assets but have children, you should have a will. Please keep in mind that divorce or re-marriage does not cancel a will; you must update it within three months or your ex-spouse will inherit almost all your estate.

Nonhlanhla Nxele, CFP®, is the founder and CEO of Esteemed Financial Solutions

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