Wills & Testamentary Planning - AS Brokers

Wills & Testamentary Planning

Control, Protection, and Certainty for Those You Leave Behind

When an Outdated Will Destroys a Family

A successful businessman dies. His will is 12 years old. It names his ex-wife (divorced 8 years ago) as executor and main beneficiary. His current wife and children from his second marriage aren't mentioned.
The ex-wife legally controls the estate. The current family has no access to funds. The business is frozen. Legal disputes begin.
Two years later, after R400,000 in legal fees, the estate is finally settled. The family is torn apart. The business had to be sold. Relationships are destroyed forever.
He had a will. It just hadn't been updated. That mistake cost his family everything.

Most Estate Problems Start With an Outdated or Invalid Will

We encounter two realities regularly: people who don't have a will at all, and people whose wills contain errors, omissions, or no longer reflect their lives.

Life doesn't stand still. Marriages happen. Divorces are finalised. Children are born. Grandchildren arrive. Family members pass away. Relationships change. Businesses grow. Property is acquired. New assets are accumulated. These changes often happen gradually, over years, and the will gets left behind.

A will drafted ten or fifteen years ago might have been perfectly adequate at the time. But if it hasn't been updated to reflect divorces, remarriages, births, deaths, or changes in your financial position, it may no longer do what you think it does. And when that happens, your family faces delays, legal disputes, and costs that could have been avoided.

Common Mistakes We See

After 25 years acting as co-executors, we've encountered the same errors repeatedly. These are real problems that create real delays and disputes:

  • Wills not properly signed, witnessed, or dated — making them invalid
  • Beneficiaries or executors signing as witnesses — which invalidates their inheritance or appointment
  • Guardians named who are no longer appropriate, involved, or even alive
  • Children or grandchildren born after the will was signed, not mentioned anywhere
  • Ex-spouses still named as beneficiaries or executors years after divorce
  • Trusts referenced in the will that no longer exist or were never properly established
  • Assets, businesses, or properties missing or inaccurately described
The Real Question Isn't
"Do You Have a Will?"
The real question is:
"Does your will still reflect your life today?"

We've Seen What Goes Wrong

AS Brokers has acted as co-executor successfully for 25 years. We've seen estates settled smoothly—and we've watched families destroyed by outdated or poorly drafted wills.

25 Years
Acting as Co-Executor

In Those 25 Years, We've Seen:

Families torn apart by ambiguous wording
Ex-spouses inheriting everything because the will wasn't updated
Children left without guardians because it wasn't documented
Estates frozen for years in legal disputes
Assets sold at a loss because executors couldn't access accounts
Business partnerships destroyed because succession wasn't planned

This experience shapes how we approach wills. We don't just draft documents. We review them against reality and make sure they actually work.

A will is not something you do once and forget.

When Last Did You Review Your Will?

If you haven't reviewed your will in the last 3-5 years, there's a strong chance it no longer reflects your life. Ask yourself these questions:
Is the person named in your will still relevant in your life? Ex-spouses, estranged relatives, or people who've passed away are often still named as executors or beneficiaries.
Has your will been reviewed after a divorce? Divorce doesn't automatically invalidate a will. Your ex-spouse may still inherit unless you update it.
Have beneficiaries passed away or fallen out of contact? If someone named in your will is deceased, your estate could go to unintended people or be frozen in legal disputes.
Are your children still minors? If they've reached adulthood, do the guardian and trust provisions still make sense? If they're still young, are guardians and trustees still the right people?
Has your financial situation changed significantly? New properties, businesses, investments, or debt all need to be reflected in your will.
Have you remarried or had more children? Blended families require careful estate planning to avoid disputes and ensure everyone is provided for fairly.
A will that no longer matches your reality can cause delays, conflict, and unnecessary costs for your family.

If You Have Minor Children, Your Will Is Critical

For parents with young children, a will isn't just about money. It's about who raises your children if you can't.

Your Will Must Answer These Questions:

Who will be the guardian of your children? If you and your spouse die, who steps in to raise them? This must be documented clearly.
Who will be the trustees managing money for your children? The guardian and the trustee don't have to be the same person. You can separate emotional care from financial management.
At what age should children receive access to capital? Should they get everything at 18? 21? 25? In stages? Your will controls this.
Should funds be managed through a testamentary trust? A trust can protect your children's inheritance from poor decisions, creditors, or predatory influences.
Without clear instructions, these decisions may be made by the courts—not by you. Don't leave your children's future to chance.

Planning for Real-Life Scenarios

A proper will does more than distribute assets. It plans for what could actually happen. We review your will against these uncomfortable but necessary scenarios:

Scenario 1: What happens if you die?
Your will must clearly state who gets what, who executes the estate, who manages trusts, and how debts are settled.
Scenario 2: What happens if you and your spouse die?
Who inherits? Who becomes guardian of the children? Who manages the money until children are old enough? This is often overlooked.
Scenario 3: What happens to the children?
Guardian appointments, trustee responsibilities, education funds, and long-term care provisions must all be documented.
Scenario 4: What happens if the entire family dies together?
In a car accident or other tragedy, if everyone dies simultaneously, who inherits? Where does the estate go? Your will must plan for this worst-case scenario.

These are uncomfortable questions—but avoiding them does not protect your family.

Personal Wishes & End-of-Life Instructions

Your will can also reflect your personal wishes, removing uncertainty and emotional strain during an already difficult time:

Burial or cremation preferences
Organ donation instructions
Funeral arrangements and costs
Specific personal requests or messages to your family
Distribution of sentimental items or heirlooms

These details may seem small, but they prevent family conflict and ensure your wishes are honored.

Living Will (Advance Healthcare Directive)

A Living Will is separate from your Last Will and Testament. It deals with medical decisions if you are unable to speak for yourself—when you're alive but incapacitated.

A Living Will Addresses:

Life-support decisions if you're in a vegetative state
Whether machines may be switched off
Medical intervention preferences (resuscitation, intubation, etc.)
Pain management and palliative care instructions
A Living Will protects your dignity and removes impossible decisions from your loved ones.
A will is not about death.
It is about control, protection, and certainty.

Our Approach

We don't just draft wills and move on. We focus on review, clarity, and integration into your broader estate and financial plan.

We review, not just draft—ensuring your will still matches your life
We focus on clarity, relevance, and practicality—no ambiguous wording
We integrate your will into your broader financial and estate planning
We work with trusted legal partners where specialist input is required
We draw on 25 years of experience as co-executors who've seen what works and what fails
Important: Your will doesn't exist in isolation. It must align with your life insurance, business succession plans, trusts, and beneficiary nominations. We ensure everything works together.

Who This Service Is For

Existing AS Brokers Clients

Will drafting and review is provided as part of our holistic planning relationship. If you're already working with us on your financial plan, insurance, or business risk, we include will reviews to ensure everything aligns.

People Who Already Have a Will (But Haven't Reviewed It)

If you have a will that's 5+ years old, or if your life has changed significantly (divorce, remarriage, children, new assets), we can review it and identify gaps or risks before they become problems.

Serious Prospects Who Understand Planning

If you're considering working with AS Brokers and want to start with a will review as part of a broader planning relationship, we're open to that conversation.

What we don't do: We don't compete on price for basic will drafting. We don't target the masses who just need a cheap document. We focus on clients who understand that proper estate planning requires review, integration, and ongoing attention.

When Last Did You Review Your Will?

If your will hasn't been reviewed recently—or if life has changed—it's time to revisit it.

Your family deserves clarity, certainty, and protection. Let's make sure your will actually works.

Fill Out The Form Below

Ready to Review Your Will?

Whether you're an existing AS Brokers client or considering working with us, if you need your will reviewed or updated, let's have that conversation.

Albert Schuurman & Johnny Farinha
AS Brokers | FSP 17273
25 years of experience acting as co-executors in estate planning

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