Probate

Module 1
Role Play Activity
Conduct a mock interview with the following client who is seeking advice with regard to estate
planning/will preparation:

Jane Doe a single mother with a young child. Jane is an accountant and has a town house in
Miami. She works for a large accounting firm and has several bank accounts, insurance policies
and a large home in the suburbs. Jane wants to ensure that her child would benefit from her
assets.

1. Ensure that Jane Doe is who she says she is –

- Two forms of photo identification
- Maybe a job letter to prove proof of income (for compliance with Anti-Money
Laundering Act)

2. Before we proceed with drafting any sort of testamentary document or otherwise, I would
first need to verity that the assets you have can be disposed of.
- In saying this, I would be able to verify her rights over the assets that she claims to
have rights over without making it seem as though I do not believe her.
- Also, it would explain why I need to verify, because if the property cannot be
disposed of then the gift would fail and her child would be unable to benefit
(including anyone else who may be able to benefit)
- I will therefore need –
 Copies of the deeds for the houses (Miami and suburbs)
 Information relating to the bank accounts, e.g account numbers, banking
institutions
 Insurance policies, and if there are any beneficiaries named on the policies,
then these cannot be disposed of via a will
3. Personal question – I know you said that you are a single woman, but I still need to ask,
do you have anyone in your life right now? A significant other? Or a boyfriend? Yes?
No?
- If no, do you see yourself being remarried? I only ask because any testament
document that you endeavour to make now, would be automatically revoked should
you decide to get legally married.
- Or, if you have been living with someone for the past five years, then they can bring
claims upon your estate as a dependant if you do not adequately provide for them.
- These are things you must consider.

4. What is the age of the young child?

- Because of the age of the child, it would be better to set up a trust for him/her. This is
to ensure that should anything happen to you while your child is still below eighteen
years of age, he/she can still be taken care of via the terms of the trust. It is a safety
precaution in case your child cannot adequately control his/her finances.
- I would like to point out, however that a will which would only take effect after
death, can be changed at any point in time. What can happen therefore, is that when
you and your child get on in age, it is entirely possible, once you assess that your
child, now adult, is capable of handling your assets, you can instead dispose of your
assets that way instead of a trust. But as it stands, I would recommend that you
ensure your child benefits by way a trust.