All the Things Unsaid
There was once a family that lived in a semi-permanent house on a 5-acre plot of land, with bricks, sand and bags of cement scattered all-around. They had been living there for over a decade, and the whole community was under the assumption that they were the rightful owners. As it turns out, the “man-of-the-house” was hired by the rightful property-owner as a caretaker. He was tasked with looking after the site and safeguarding the building materials, while the owner slowly finished construction on what would have been his retirement home. Sadly, the owner died. No inquiries were made regarding the property, no follow-ups, and no heirs made themselves known. Since there was none the wiser, the caretaker and his family properly settled in and made themselves right at home.
Stories like this highlight how easy it can be for unclaimed and undocumented property and assets to slip through the cracks. It is very important that you keep a secure record of your entire estate, including: all your bank accounts, land, investments, and other valuable property or assets. Also, ensure that signed copies of this information are maintained by your lawyer and/or a trusted executor, individuals tasked with managing, protecting and allocating your estate in the event of your death.
Recently, the body of the late Prince Paul Kafeero – a celebrated Ugandan musician, was exhumed for DNA sampling to settle matters of inheritance. This action was driven by court orders to determine the paternity of over 20 individuals claiming to be his children. The late singer who died in 2007, did not leave a will; sparking a bitter family feud over his estate that has lasted nearly two decades.
Formalise your estate planning, engage the services of a qualified lawyer to help you draft your will or establish a trust. While a will only sets out how your assets are to be assigned after death, a trust places these assets under the control of a trustee (a third party) that manages them on behalf of your named beneficiaries, according to your wishes – whether you’re still living or after you pass on. Many well-to-do families use trusts in order to preserve their wealth, simplify matters of succession, and potentially reduce certain fees and administrative costs involved in managing their vast estates. However, estate planning isn’t just about what happens after death, it is also about ensuring that your wishes are respected, if you’re unable to make major life decisions for yourself.
A 76-year-old woman’s family was nearly torn apart, because they couldn’t decide whether to go through with a risky life-saving operation she needed. To protect the anonymity of all involved, I won’t name names or give specifics, but suffice it say, the proposed procedure was an expensive one, and some people were of the mind to let nature to take its course. The lady in-question had more than enough money to cover the cost of the operation, but she was out-of-action, and unable to make the decision for herself. Lucky for her, they went ahead with the operation, and she’s still with us. But this entire situation really puts things in perspective. Do you have someone ready to advocate for you, and make life decisions on your behalf if you’re ever incapacitated?
You should consider setting up a living will. This document is a health-care directive that allows you to nominate and empower someone you trust to make medical decisions on your behalf. In this case, it would be within your best interests to inform this person in advance. Also, make sure to share your preferences and expectations with them, so that you can be confident that that they will advocate for what you want, if or when you’re unable.
Estate planning is one of the greatest gifts you can give your loved ones. By preparing a will, creating a trust, and making your medical wishes known, you reduce uncertainty, prevent unnecessary family wrangles, and state your peace while giving peace of mind to the loved ones you’re leaving behind. So, talk to a lawyer today, and get your affairs in order.
Are you going to start planning your estate? Sound off in the comments, or DM me – @KagoTMD on TikTok, Instagram and LinkedIn. I really want to know.
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