By Danet Wijk
Disputes about estates and trusts sometimes arise after the death of a loved one. These disputes can be incredibly destructive to the relationships between the parties involved. Careful planning with the help of an experienced executor can often prevent estate and trust related disputes altogether. There are several reasons why these disputes occur, as well as ways to avoid these disputes arising in the first place.
Bad choice of trustee or executor
A large amount of disputes arise when a trustee or executor does not fulfill their duty properly. This failure to fulfill duties can be anything from negligence with the disbursements to beneficiaries to illegal investments of estate or trust assets to name a few cases. This action of a trustee or executor can sometimes be deliberate but in most cases it is a consequence of the person's incompetence, or ignorance which causes them to fail to fulfill their duties.
The careful selection of representatives during estate planning can often help prevent the person from failing to fulfill their duty. You should also be aware of the dangers of appointing family members as trustees or executors, and bear in mind that if you appoint them, they will be able to control or influence the interests of other family members. It is also very important to clearly set out the rights of beneficiaries and representatives in your will so that all parties are clear about their roles and responsibilities.
Opposition in relation to a trust or estate
When there is opposition to a trust or estate it is usually because of concerns about the validity or legality of the estate or trust. The common concerns are whether the document was signed correctly, and whether the person who signed the document was aware and had sufficient knowledge to legally create the trust or will. Then there are also cases where there is doubt about the correct interpretation of the requirements.
However, contesting a trust or estate can also be an attempt, by disgruntled beneficiaries or prospective beneficiaries, to improve the benefit they should receive according to the document.
Discussions about a business with restricted stock or other special assets
When you are involved in a business with limited shares it is important to do business takeover planning. Who will have ownership, who will take control and who will benefit from your interest in the company after your death?
If there is no planning regarding this issue it can lead to a dispute after your death. This kind of dispute can lead to a lack of leadership at your company or a shortage of available liquid assets which can be devastating to the business. It can therefore also lead to financial damage for your family, partners and their families. Good estate planning can help protect your business, partners, family and employees after your death.
Contact a specialist to assist you with complex planning, contact Eksekuteurs vir Boedels en Testamente.
English 
Afrikaans