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or portion is transferred to that surviving or divorced spouse as a result of the
death of his or her spouse or dissolutionof the marriage or union.
Transfer duty and estate planning
n The estate planner needs to balance the benefits and financial implications
of transferring assets from one entity to another, taking into account transfer
duty costs, conveyancing fees etc. against the future benefits, bearing in
mind that transfer duties will seldom be payable upon death if the property
remains in the estate planner’s estate.

THE LIVING WILL

n The Living will is a document that states the type of medical treatment a person
would like his medical practitioner(s) to follow if he is unable to express these
wishes himself, either because he is terminally ill or permanently unconscious.
n A Living Will states the types of medical treatments that can and cannot be
used.
n Living wills typically cover issues such as artificial life support, resuscitation,
organ donation, tube feeding, and whether organs are to be made available
for medical research or donated for transplants.
n It is a separate document to a Last Will and Testament. It should not be
incorporated into the Last Will and Testament or attached to it, as the Last Will
and Testament only comes into effect upon death, which would be too late.
n It should be signed when of sound mind, and after careful consideration, and
in the presence of two witnesses.
n The contents should be discussed with the estate planner’s medical doctor,
and a copy provided for the doctor or hospital’s file.

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