If you have maintenance obligations towards your children and/or a former spouse in terms of the divorce order which terminated your marriage, that obligation does not cease on your death.
It is best to make provision in your will for a practical way to cover this liability for, if no such provision is made, your former spouse in her personal capacity and/or in her capacity as legal guardian of your children will be entitled to lodge a claim against your estate as a creditor and this claim will have to be settled from your assets, thereby reducing the balance available for distribution to your nominated heirs. If there is insufficient liquidity in your estate to meet these claims, then movable and immovable property may have to be sold.
Avoid placing unnecessary and additional stress on your loved ones by obtaining professional legal advice timeously. Contact us at STBB.
