Preparing for the Unexpected: Securing Your Loved Ones’ Future with Written Will

Amid life’s chaos, it’s easy to neglect planning for the future. Yet, life’s unpredictability makes it essential to ensure our loved ones’ security and well-being. One vital step in achieving this is creating a Will. At Coronation Trustees, we recognise that a written Will is the foundation of a comprehensive plan.

A Will enables you to:

• Appoint guardians for minor children or dependents, ensuring their care and well-being
• Distribute assets according to your wishes, avoiding potential disputes and conflicts
• Establish trusts for specific purposes, such as education or healthcare
• Name executors to manage your estate, ensuring your wishes are carried out
• Make charitable donations, leaving a lasting legacy

Without a Will, your loved ones may face:

• Uncertainty and confusion about your wishes
• Potential legal disputes and conflicts
• Delayed or complicated distribution of assets
• Increased stress and emotional burden

The Importance of Having a Written Will

A written Will is a vital document that ensures your final wishes are respected and your loved ones are protected. By outlining how you want your assets to be distributed after your death, a Will provides clarity and direction, avoiding potential conflicts and legal complications.

Without a Will, your estate will be subject to:

1. Intestacy laws: Customary or statutory laws will dictate how your assets are distributed, which may not align with your personal wishes.
2. Unnecessary disputes: Family members and loved ones may disagree on how to divide your assets, leading to emotional distress and legal battles.
3. Legal complications: The absence of a Will can lead to prolonged legal processes, increasing costs and delaying the distribution of assets.
4. Financial hardship: Your loved ones may face financial difficulties due to unforeseen taxes, debts, or other expenses.

A written Will, on the other hand, allows you to:

1. Appoint an executor to manage your estate
2. Name beneficiaries and specify gifts
3. Establish trusts for specific purposes
4. Make charitable donations
5. Ensure your business interests are protected

Benefits of Having a Will:

i. Clarity and Control: A Will clearly states your wishes, providing direction and guidance for your loved ones. This helps to:

• Avoid misunderstandings and misinterpretations
• Prevent conflicts and disputes among family members
• Ensure your wishes are respected and carried out

ii. Protection for Dependents: A Will allows you to:

• Specify guardians for minor children, ensuring they are cared for by someone you trust
• Appoint a trustee to manage assets for their benefit
• Provide for their education, healthcare, and well-being

iii. Asset Distribution: A Will enables you to:

• Designate how your assets will be divided, including:
• Personal belongings
• Real estate
• Investments
• Business interests
• Specify any specific gifts or bequests

iv. Charitable Contributions: If you wish to leave a lasting legacy, a Will allows you to:

• Allocate a portion of your estate to charitable organisations
• Support causes or institutions that are important to you
• Create a lasting impact on your community or society

Additional benefits of having a Will include:

• Avoiding intestacy laws and ensuring your assets are distributed according to your wishes
• Reducing stress and emotional burden on your loved ones
• Ensuring your business interests are protected and transferred smoothly
• Providing peace of mind, knowing your affairs are in order

Successful and Cautionary Tales in Will Planning

Successful Examples:

i. Chief Obafemi Awolowo: The Nigerian statesman meticulously planned his estate before passing away in 1987. His well-documented Will ensured that his assets were distributed according to his wishes, preventing significant disputes and ensuring his legacy was protected.

ii. Sir Mobolaji Bank-Anthony: This businessman ensured that his Will was clear and organised, facilitating smooth asset distribution and allowing for charitable contributions to his alma mater and other causes he supported.

iii. Chief Adeola Odutola: His careful estate planning prevented legal complications, enabling his family to manage his assets without strife and ensuring his business interests continued to thrive.

iv. Nelson Mandela: The former South African President’s Will was a testament to his wisdom and foresight. He left a significant portion of his estate to charity, establishing the Nelson Mandela Foundation, which continues to support education and social justice initiatives.

Cautionary Tales: The Importance of Clear Estate Planning

i. M.K.O. Abiola: Abiola’s death in 1998 without a clear Will led to prolonged disputes among his heirs, resulting in:

• Delayed distribution of assets
• Financial losses due to legal fees and court costs
• Damage to his legacy and reputation

ii. Chief Ojukwu’s Estate: Despite having a Will, disputes arose over the distribution of assets among his family members, highlighting the need for:

• Clear and unambiguous language in the Will
• Regular review and update of the estate plan
• Open communication with beneficiaries and heirs

iii. The Briggs Family: The death of Chief O.B. Lulu-Briggs in 2018 resulted in a publicised legal battle over his vast estate due to:

• Lack of a clear and up-to-date Will
• Unclear beneficiary designations
• Insufficient planning for business succession

iv. Bob Marley: The reggae legend’s estate faced legal battles for years due to his lack of a Will, resulting in:

• Intestate succession and court-appointed administrators
• Delayed distribution of assets to his heirs
• Loss of control over his legacy and intellectual property

v. Prince: The musician’s death in 2016 without a Will led to a protracted legal battle over his substantial estate, highlighting the risks of:

• Neglecting estate planning
• Failing to update beneficiary designations
• Not considering business succession planning

These cautionary tales emphasize the importance of clear and meticulous estate planning to avoid legal disputes, financial losses, and damage to one’s legacy.

Steps to Creating an Effective Will

Creating a Will is a crucial step in ensuring your wishes are respected and your loved ones are protected. Follow these key steps to create a comprehensive and effective Will:

i. Assess Your Assets:

• Make a detailed list of your assets, including:
o Real estate properties
o Bank accounts and investments
o Personal belongings (e.g., jewellery, art, collectibles)
o Business interests
o Intellectual property
o Consider the value and sentimental significance of each asset

ii. Choose Your Beneficiaries:

• Decide who will inherit your assets, considering:
o Family members
o Friends
o Charitable organizations
o Specific gifts or bequests
• Specify the distribution of each asset to avoid confusion or disputes

iii. Appoint an Executor:

• Choose a trusted person to:
o Carry out the terms of your Will
o Handle administrative duties (e.g., probate, taxes)
o Distribute assets according to your wishes
o Consider appointing an alternate executor in case the primary executor is unable to serve

iv. Designate Guardians for Minor Children:

• If you have children under 18, designate a guardian to:
o Ensure their physical and emotional well-being
o Manage their inheritance until they reach adulthood
o Make decisions about their education and healthcare

v. Consult a Professional:

• Engage an expert (e.g., attorney, estate planner) to:
o Ensure your Will meets legal requirements
o Tailor your Will to your unique circumstances
o Address complex issues (e.g., business succession, trusts)

Additional considerations:

• Review and update your Will regularly (e.g., every 5 years, after significant life events)
• Consider creating a living Will or advance directive for healthcare decisions
• Store your Will in a safe and accessible location (e.g., fireproof safe, attorney’s office)

Act Today
Planning for the future is an act of love and responsibility. By creating a written Will, you can ensure the security and well-being of your loved ones. Don’t leave your family’s future to chance. Contact Coronation Trustees today to schedule a consultation, where our team of professionals will guide you through the process of drafting or updating your Will. Your proactive planning can provide peace of mind and a legacy for generations to come.

Source: Coronation Trustees Limited