MCGREGOR
A man's dying is more the survivors' affair than his own.
- Thomas Mann
THERE ARE many opinions as to the origin of Valentine's Day. Some say it started on February 14, 269 A.D. on the day St. Valentine, the patron saint of lovers, was martyred for refusing to give up his Christian beliefs. Still others say that it is simply of pagan origin and another way for merchandisers to get consumers to spend their hard-earned money.
Whatever your views may be, it seems Valentine's Day is here to stay. For that reason, articles will continue to be written about the perfect gift for your Valentine and the appropriate price range for that gift. How about a gift that will last beyond a lifetime?
It is often said that "in the midst of life [and love] there is death". There's a way to demonstrate love even after death by putting our affairs in order today. One of the most practical gifts we could leave for those we love is a will indicating exactly how we would like our worldly possessions to be distributed after we have died.
The legal reports tell the tales of many survivors who languish and suffer through lengthy court battles over 'dead lef'. Some aspects of the Bob Marley estate saga continued for almost two decades after his death. A case such as this one epitomises the struggles which may lie in wait for the family of a person who has died without leaving a will (that is, a person who has died intestate). With a widow and 11 children, many of whom were infants at the time of his death, Bob Marley would have been well-advised to prepare a will so that the world would know how he wanted his empire to be divided among his family.
NOT TOO YOUNG
Many persons believe that they are just too young to be confronting issues about death. However, as long as you are 18 years or older, and of sound mind, the Wills Act allows you to make a will. Once a will has been made, it does not actually take effect until the Testatrix (or Testator) - that is, the person who makes the will - dies. This means that the will may be altered countless times.
IMPORTANT THINGS TO CONSIDER WHEN MAKING A WILL:
The will must be in writing. It does not matter whether it is handwritten or typewritten.
It must be signed by the Testatrix or by someone in his/her presence or on his/her direction.
The Testratrix must sign the will in the presence of at least two witnesses. No witness must be a beneficiary under the will; otherwise the gift to that witness or to his or her spouse will be void.
Each witness must sign the will in the presence of the Testatrix.
It is critical that the Testatrix had the mental capacity to prepare the will, knew and approved of its contents and acted under no undue influence or duress. It should also be noted that a will must be re-done once the Testartrix gets married, because a will is automatically revoked by marriage.
It is no excuse to say that you have no property to leave under a will. After all, if you have children or mentally or physically disabled adult relatives, your will is the only effective way to appoint a guardian to care for them. You may even win a jackpot or benefit from some previously unidentified source; and a will drafted today could take care of those future acquisitions.
Now, don't get me wrong, a tangible gift given today is always welcome. But, if we are to make provision for our dependants and loved ones after we have died, a will is the most appropriate way to do so.
Sherry-Ann McGregor is an attorney-at-law and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com.
