Make the most of National Wills Week

IF you need a will drawn up, or need to make changes to an existing will, then make the most of National Wills Week from 11 to 15 September.

An up-to-date will is one of the most crucial things any person can do to protect assets, spouses and children in the event that they are no longer around to do so.

Anona Morris who has over 30 years’ experience in deceased estates and heads up the Deceased Estates department at Morris Fuller Williams Attorneys said: “It is always advisable to amend your will after any big event or milestone in your life such as a marriage, the birth of a child, death of a beneficiary, divorce, and acquisition of new assets.”

She said that many people make the mistake of never drafting a will or simply forgetting to update their will, which leads to delays in winding up the estate. Often families have to deal with lengthy periods (sometimes years) before assets are distributed, according to legal requirements. Those legal requirements are not always the wishes of the deceased person but at that stage it is often too late to contest the State’s decision. In addition, it happens that people who ordinarily would not have been included in the Will, end up benefitting because the law dictates that they be beneficiaries.

With this in mind the State has allocated National Wills Week in order to encourage each and every adult to draft a will and nominate an executor. Take advantage of this opportunity before Wills Week is over, and contact someone who will draft your will free of charge.

Keep in mind these important factors:

· A will must be in writing

· It must be signed on each page by the Testator (the person who the will is drafted for)

· No-one can sign on behalf of the Testator

· The will must be witnessed on each page

· The witnesses cannot be beneficiaries of the will

· Only persons with full mental capacity may sign a will

· You should nominate an executor who has experience in winding up estates, as they will be required to deal with the Master’s Office and do the necessary administration.

Contact Morris Fuller Williams Attorneys on 031 267 7700 or email mfa@law.co.za.

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