Under the Wills and Succession Act, which came into force in February 2012, the term “child” as used for estate purposes means a biological or adopted child of yours. As such, if your will states that your estate is to be divided among your children in equal shares, only your biological children or adopted children will be included in the distribution. This is the same result as if you passed without having a will and the intestacy rules came into play. So if you have children who are not biologically yours, but are still very much your own children, you must have a will and you must state within that your will that you wish those children to be included.
An example of this would be to name those children specifically by name, or to simply state that for the purposes of your will, the term “child” shall include children of your spouse.
Family is important. Your wishes are important. Make sure they are known and respected.
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