One is often reminded of the importance of ensuring you have an updated will. Consider, for example, that X marries Y who has children from a previous marriage. They register an antenuptial contract so that their marriage is out of community of property with the accrual system.
If X dies without leaving a will, or leaves his/her entire estate to his/her children from his/her previous marriage, this can have devastating effects for Y, especially if his/her estate has the bigger growth. This is because of the consequence that the children of X (who are not children of Y) will become entitled to 50% of the growth in the estate of Y, as at the time of X’s passing away. This will cut the size of the inheritance of Y’s eventual heirs.
It is therefore necessary to obtain professional assistance for the drafting of your antenuptial or will. Contact me for advice at annetjiec@stbb.co.za