Making Proper Testamentary Provisions For Your Loved Ones

A number of persons made their Last Will and Testament without seeking proper legal advice in an effort to cut back on legal costs. This can pose serious problems however, as the provisions made by the testator is less than ideal. This often results in bitter feelings between relatives after their death.For the sake of example, John Doe was married to a former spouse. This union produced children. He then divorced this spouse and thereafter remarries. He made his Will which provided for his immediate spouse but not for his former spouse and children. John Doe dies. Thereafter, his Will was probated by his Executors without reference to his former spouse and children. The former spouse and / or children is entitled to make an application under the relevant Code or Law, to a Court of competent Jurisdiction who will consider the facts of the case. If the Court finds that John Doe should have provided for his former spouse and children in his Will, it may order the provisions therein be altered, and that a monthly or a lump sum be paid out of his estate, for the benefit or maintenance of the former spouse and children.From the above, it is vital that individuals must seek legal advice in the preparation of his Will. This will prevent misunderstandings and wranglings among surviving relatives, and costly, time consuming and embarrassing litigation.Some points to be considered prior to making a Will are:1. If there are children of a previous relationship or marriage, proper provisions must be made for them. If the children are under the age of eighteen years, proper Trust provisions must be inserted in your Will;2. If you have divorced a spouse and he/she remains unmarried, it is vital to get proper and sound legal advice as to how you should proceed. In a number of Jurisdictions, a former spouse under certain conditions is entitled to share in your estate.In order to make the best provisions for your loved one in your Will, it is vital to seek the advice of trained professionals such as an Attorney-at-Law or a Paralegal. Do not shy away from the cost of having a proper Will prepared.In the end, it is love on your part when you make the proper testamentary provisions for them in your Will. In return, they can be assured that you had taken the proper steps to provide for them and after your death, they can benefit from your estate with peace of mind. You will be rewarded by their having fond memories of you always.

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