The LAW RAVEN

17/10/2025

16/05/2025

18/02/2025

CONDITIONS TO CONSIDER WHEN PREPARING A WILL

There is nothing wrong with placing conditions when you bequeath (give) away assets in your Will. The conditions should not be against the law or impossible to fulfil.

There are a few examples of conditions that you can place against the assets you give away. These are:

1. Age of beneficiary.
You can stipulate the age at which you want the beneficiary to inherit. For example, as a parent, you may consider your child to be too immature to inherit at the age of 25, in that case you can state that they shall inherit the property at the age of 35. Remember a Will is a statement of your wishes and you are simply hoping that by that age, some level of maturity has kicked in.

2. Educational requirements.
You can state that your beneficiary shall only inherit the asset(s) upon completion of tertiary education whether it's a diploma/degree or Masters degree.

3. Exclusion from marital estate.
You can state clearly that the inheritance that you give to your beneficiary shall not form part of the marital estate of the beneficiary regardless of how many times they marry it divorce, the property remains exclusive.

4. Fideicommissum
It is possible to give property to a beneficiary and to place a condition that they shall not inherit until after the death of another person (a fiduciary). For example, where one spouse dies leaving the other in the matrimonial home, their child or stepchild may be entitled to inherit the home only after the death of the surviving spouse. This is meant to prevent the eviction of a spouse from the home by children who are anxious to take over their inheritance. This condition can also extend to the use of farms/ploughing fields.

In short, an inheritance does not automatically fall into the hands of the beneficiary once the testator dies. The inheritance can be suspended until the beneficiary fulfils certain conditions.

Call your trusted attorney today and have a conversation about your estate. Inheritance cases often take decades to resolve because no one took the time to put their house in order.

12/02/2025

Botswana’s Data Protection Act 2024 is here! Are you ready for the new data privacy era?

In this article, we break down:
✅ Key provisions of the Act
✅ Compliance requirements for businesses
✅ Rights of consumers and data subjects
✅ Enforcement and penalties for non-compliance

Understanding data protection laws is essential for both businesses and individuals. Stay informed, stay compliant!

24/01/2025

read our blog here: https://thelawraven.com/category/blog

11/11/2024

Buying Land in Botswana?
Check out the essential checklist to guide you through a safe and smooth purchase! ➡️

When it comes to buying or selling land, there are many legal considerations to keep in mind. Land transactions involve significant financial investments, and mistakes can be costly.

25/10/2024

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