Ngwako Raboshakga, attorney and pro bono coordinator at ENSafrica writes:
The basic idea behind having a will is to make sure that when you die all the things that you own will be left with a person or people of your choice.
Many of us would have experienced our relatives or people in our communities fight over property that belonged to a loved one who has passed on without having had a valid will. This can be avoided by making sure that you make a will while you are still alive.
In terms of our law, when a person dies they lose their legal personality. This means that their property must be transferred to one or more people who are still alive.
According to the law, when someone dies, the first thing that is considered is whether that person left a valid will. If so, all their property will be distributed to the person or people named in their will. A person or people named as beneficiaries in a will are known as heirs.
It is very important that a will be written and signed properly and according to the law, otherwise it can be found to be invalid and thus cannot be used after you die.
A will can be made by anyone who is older than 16 and who understands what they are doing. There is no requirement as to who you may nominate to be an heir. You can choose to leave your property to anyone you like.
The will must state which person gets which property. For example, you can leave your house to your spouse, the car to your daughter and money or your investments to your son. However, you may also leave everything to your heirs in equal share.
A will must also include the name of the person you would like to take over your property, pay your debts and make sure that your property is distributed to your heirs in terms of your will.
A will may also include some of your wishes, such as where you would prefer to be buried and arrangements regarding any of your minor children after your death.
The person making the will, and two witnesses, must sign each page of the will. If you already have a will, you are allowed to amend or even change it altogether while you are still alive.
There are many other rules concerning wills that many people don’t know. Therefore, it is best that you approach a qualified person, such as a lawyer, to draft a will for you.
Attorneys of ENSafrica will be drafting wills for the people of Alexandra for free at Sankopano Centre, corner 12th Avenue and Rev Sam Buti Street, Alexandra. Visit our office or call 011 555 0980 to book your space.
