When you make a bequest in your will to a beneficiary who is married in community of property, the inheritance will fall into the joint estate of that beneficiary and his or her spouse. It is customary to provide in a will for the exclusion of inheritances from a marriage in community of property. However, such a provision in your will may not provide sufficient protection for your beneficiary against the claims of creditors of the beneficiary’s spouse, if they are married in community of property.
The creditors of the beneficiary’s spouse will be entitled to bring a claim against the joint estate, as well as against such a beneficiary’s separate property (including any inheritance which is excluded from community of property), in seeking settlement of their claim.
Contact our Estates Department on 041 5019800 for advice and to draft your will.