Michael Schneier, chairperson of the Benoni Attorneys Association and owner of Civin and Alexander Attorneys, confirmed that his firm will participate in the event.

National Wills Week is implemented by the Law Society of South Africa.

Schneier said “the art of communication is vital between people” and a will is how the dead communicate with their loved ones.

He also explained that by having a will, people can keep peace and harmony between family members after they die.

A will is a declaration of your intentions and how you want your assets divided.

Schneier said a will typically contains your name, marital status, your identification number, where you live, the invalidation of all previous wills and specific requests concerning the distribution of your assets.

The cost of having a will drafted by a qualified lawyer will depend on the length and content of the will.

He explained that some people have will of two pages and some have wills of 30 pages.

A simple will is usually one page.

Before your will can be deemed valid, you must name an executor.

The executor must be a trusted individual such as a spouse, one of your adult children or a parent.

The executor’s role is to ensure that all beneficiaries receive what is intended for them.

A beneficiary can be individuals, a company or a trust.

If you do not have a will, and in turn, no executor, a court will appoint an administrator to handle and divide your assets.

Schneier said a will is important for various reasons.

He explained that a will exist to combat fraud as the owner of the assets can decide who gets their assets and this leaves little room for interference by external parties.

He said that a will can be contested but the contester must have exceptionally convincing evidence for it to be successful.

There are various technical aspects of having a will drafted.

For example, every page must be initialised and provision must be made for illiterate people.

Schneier explained that if a person cannot read or write, a specialist must be appointed to identify the person as well as the mark they use as a signature.

When children are involved, provision must be made for them such as appointing a legal guardian and deciding when they may receive their inheritance.

For these reasons, it is better to have a will drafted by an experienced professional.

Also read: Search for abandoned child’s parents

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