Inheritance

You would certainly be advised to make a will. If you die intestate (without a will) then according to the 1965 Inheritance Law your wife would inherit the family car, the house contents and the rest of your estate ( your share  in the family home and savings which is usually half ) would be shared equally by your wife and children, her getting half and each of them a quarter. Thus as long as you remain legally married, regardless of the state of your relationship and even if you are in  the process of divorce, the wife would be entitled to this under law. Additionally because you married after 1974 when The Spouses’ Property Relations Act came into force, her rights as a married woman would be protected . Basically, she would be entitled to half of marital  property acquired by mutual effort during the marriage, with certain property e.g.  that belonging to you before marriage or obtained by way of gift/inheritance being excluded from this.
Having a will drafted would enable you to leave your half of the common property and anything belonging to you before marriage or gained by way of gift or inheritance to your children, and allow you to avoid your wife inheriting it.

Unless you make a will, your husband would be entitled to his full rights as a surviving spouse under the 1965 Inheritance Law upon your demise, and your property would be shared between him and your children. This would still be the case however bad your relationship was, and even if you were locked in a divorce battle. If, however, you make a will you can double what your children will get – without a draining legal battle during your lifetime

Firstly, property which was acquired during the parties’ marriage is, prima facie, joint property, even if it is registered in only one party’s name. The fact that the other spouse is name does not appear does not take away his/her legal rights in it. The testator can only bequeath what he owns. In most situations he may actually be legally entitled only to a 50% share of the property, and not 100%, even if it is registered solely in his name.

Accordingly, the wife will be entitled to half of the apartment, even though she is not registered as an owner. Thus, the husband is only entitled to do what he wishes with his rights in the property – i.e. in his will he has absolute discretion as to whom he wishes to bequeath all his rights, which are 50%. Thus he is perfectly free to leave them to someone else, and not his wife.

If, however, the property was acquired during the marriage and registered in his sole name, but for, example, was acquired by way of gift or inheritance, the situation will be different, and he will own 100% rights in it, and he will be free to bequeath all of them as he wishes.

Because one can do virtually whatever one wishes with one’s property when one dies by making a will. If one does not make a will one’s property could end up in the “wrong hands” as it will be distributed according to the strict procedural rules of the Inheritance Law. A will enables one to have more control of what happens to one’s property after one dies and balance the needs of the people one wishes to inherit and make priorities and conditions. A will gives the testator peace of mind about the fate of his/her property after he/she passes away.

A classic example of someone who would benefit from making a will is a widow/widower or divorcee entering a live-in relationship or new marriage who wants to leave money for their children and grandchildren as well as taking care of their new partner. A property relations agreement would also be recommended here.

Elderly couples often make mutual wills which enable the surviving spouse to be catered for upon the death of either of them and provide for their children/grandchildren too.

A married person who is unsettled in their marriage or who mistrusts their partner and is perhaps contemplating divorce at some stage may prefer to make a will leaving their property to their children (perhaps under a managed trust) rather than having it divided between their spouse and children if they die intestate (without making a will).

An elderly person who wants to help an adult child financially but is worried about becoming dependent/vulnerable, can use a will to make a conditional bequest, perhaps in conjunction with a cancellable written undertaking to make a gift.