The legal ‘thriller’ bequeathed by Swedish crime writer Stieg Larrson is a cautionary tale for thousands of South Africans that fail to make a will, says BJM Trust, a leading specialist in trust management and testamentary matters.
The author’s posthumous millions have gone to his father and brother while his life’s partner has received nothing to date. The ensuing legal wrangle has made headlines worldwide.
Larrson lived with Eva Gabrielson for more than 30 years, but they never married. Larrson also failed to make a will. He died unexpectedly aged 50 just months before his first book was published. Since then The Girl with the Dragon Tatoo, The Girl who Played with Fire and The Girl who Kicked the Hornet’s Nest have become world best-sellers.
“Legal proceedings and negotiations are still under way between representatives of Eva Gabrielson and the author’s father and brother,” says Tony Barrett, CEO, Wealth, at BJM Private Clients.
“The turmoil, bitterness and accusations could have been avoided if only a will had been written. The consequences of inadequate preparation could hardly be more dramatically illustrated.”
The cautionary tale has special relevance for South Africans, says Barrett, in view of high divorce rates and the growing trend toward living together as a lifestyle choice.
Provision for children, life-partners and former partners can be complex. Various parties may have a different perspective on intentions that may have been expressed at different times.
Barrett adds “We will never know Stieg Larrson’s intentions. What is clear is that a valid, clear and concise last will and testament would have avoided needless confusion, infighting, friction and stress.
“Versions of this self-same story play themselves out to varying degrees all the time. Human nature dictates that we shy away from planning for our own death. We are always ‘too busy’.
“Yet in the proper hands these matters can be addressed in a time-efficient, professional and comprehensive fashion, resulting in added peace of mind for all concerned.”
Difficulties not only arise when a person dies intestate, says BJM Trust, a division of BJM Private Clients. Problems also occur when an old will has gathered dust for years and no longer addresses present circumstances.
“Sometimes the will was signed by individuals when they got married many years ago or was completed when they left university,” says Barrett.
“These wills have never been updated and take no account of changing circumstances such as children, increased wealth, residence, job status, divorce and other factors.
“At BJM Trust we strongly advise clients to regularly revise their wills to ensure changing circumstances are accommodated. It is also sensible to address the ever-changing regulatory and tax environment. Otherwise, your will could have a sting in the tail for your heirs.”
Another message from the Stieg Larrson saga is that people who focus totally on their work fall into a special ‘risk category’.
“Being goal-driven in life doesn’t mean you have to be disorganised in death,” says Barrett. “Make sure your will is a clear, concise document that correctly outlines your wishes and accounts appropriately for all assets.
“A convoluted plot may work in a crime novel, but it’s a poor basis for proper estate provision.”