Pullock Attorneys

Planning ahead: wills and antenuptial contracts

Two of the most important documents you’ll ever sign: one before marriage, one for the people you leave behind. Both are simple to get right, and costly to get wrong.

Good planning is a kindness to the people you love. A valid will and, where relevant, an antenuptial contract remove uncertainty at exactly the moments when families least need it. We prepare both with care and precision.

Wills

A will is your instruction for how your estate is distributed when you die, and who administers it. Without a valid will, you die intestate. The law decides who inherits, the process is slower, and the outcome may be nothing like what you’d have wanted.

What a valid will needs

This list is not exhaustive.

In writing and signed by you in the presence of two competent witnesses, who also sign.
A clear executor nominated to wind up the estate.
Unambiguous bequests who gets what, with named alternates.
Guardianship wishes for minor children, if applicable.

We make sure your will is valid, clear, and reflects your actual intentions, and we can hold it safely and act as executor when the time comes, so the people you name aren’t left to navigate the process alone.

Antenuptial contracts

An antenuptial contract (ANC) is signed before you marry and determines how your estates are treated during the marriage and if it ends. It must be executed before a notary and registered in the Deeds Office.

Your three options at a glance

1

In community of property (the default)

No ANC. Your estates merge into one joint estate. Assets and debts shared equally. Simple, but each spouse is exposed to the other’s liabilities.

2

Out of community, with accrual

An ANC. Each keeps their own estate, but growth during the marriage is shared on divorce or death. The most popular choice, independence with fairness.

3

Out of community, without accrual

An ANC. Complete separation. What’s yours stays yours, what’s theirs stays theirs, throughout. Often used in second marriages or where estates are very unequal.

Choosing between these has real consequences for both partners. We’ll talk you through what each means for your situation before anything is signed.

Why do both together

Marriage changes how your estate should be structured and how your will should read. Dealing with the ANC and your wills at the same time means they work together rather than against each other.

Common questions

What happens if I die without a will?

Your estate is distributed according to the Intestate Succession Act — a fixed formula that may not match your wishes, can exclude people you’d want to provide for, and usually takes longer to wind up.

Can I change my will later?

Yes, at any time while you have testamentary capacity. We recommend reviewing it after major life events — marriage, children, divorce, buying property.

How late can we sign an antenuptial contract?

It must be signed before the wedding. Leave a little time — don’t schedule it for the day before. After marriage, changing regime needs a costly High Court application.

Do we need an ANC if we have few assets now?

It’s worth considering — an ANC governs the whole marriage, including assets you build later. The accrual system is designed exactly for couples starting out.

This page is general information about Pullock Attorneys’ services and is not legal advice. Costs and timeframes are indicative and vary by matter. Please contact us for advice specific to your situation.