Question posted in the General Law category relating to Western Cape
I recently had a new will drafted and want to confirm what the following clauses mean. I’m single (never married) and my whole estate will be left to my mother. In the case that my mother has passed away, I am giving my whole estate to my church.
The following clauses I’m unsure about -
PROTECTION OF BENEFITS
It is a specific condition of this will that any benefit which may accrue to any beneficiary in terms of this will, as well as any income derived from such benefit, shall be excluded from the legal consequences of any existing or future marriage or relationship, including the accrual system.
BEQUEST TO A NON-PROFIT ORGANISATION
I direct that it shall be left to my executor in his absolute and unchallengeable discretion to decide and determine the identity of the institution or organisation to benefit under my will and also the person competent to give appropriate acquittances on behalf of such institution or organisation.
DIVISION OF MOVABLE ASSETS
I direct that my beneficiaries shall agree amongst themselves as to the division between them of any movable assets left to them jointly. My executor need not be involved in this agreement, but the said beneficiaries will furnish my Executor with a copy of such signed agreement, within 21 days after having been requested to do so by my executor.
Information Requested by Lawyer
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The protection of benefits clause means that your Mom will inherit your estate to the exclusion of her husband (let's pretend that she re-marries)
I assume that in your Will you leave a specific amount to a NPO, but that you don't actually record which NPO? The bequest clause therefore allows your executor to choose which NPO and to make the payment to that NPO.
The Division clause doesn't really matter because your whole estate is going to your Mom. If your estate was going to 2 people, this clause says that those 2 people must share the assets themselves and they don't need the executor to get involved in the sharing process.
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