Get your will in order during September
As has become tradition over the past few years, members of the public will be able to have a basic will drafted by an attorney, free of charge, during National Wills Week, from September 15 to 19.
Attorneys’ firms throughout the country are participating in the National Wills Week project.
”By ensuring that you have a valid will, you, as the testator, can protect the interests of your loved ones and ensure that there is no delay in settling your estate after your death,” say Law Society of South Africa (LSSA) co-chairpersons, Ettienne Barnard and Max Boqwana.
“It also ensures that your executor will act according to your wishes, as set out in your will.
“A valid will allows you to state who should inherit your assets and property, to appoint an executor of your choice for your estate and also a guardian for your minor children.”
Persons who have been recently divorced or been widowed, or those who are cohabiting with their partners for some time, should also consider having a will drafted.
“If you have been cohabiting with your partner, it is advisable to have a will to ensure that there are not competing claims on your estate,”says Barnard.
“Similarly, unmarried persons – particularly those who may have a number of people who depend on them financially – should ensure they have a will in place, as several people could make a claim on their estates.”
q Why should an attorney draft your will?
According to the LSSA, a practicing attorney has the necessary knowledge and expertise to ensure that your will is valid, by complying with all the legal requirements in the Wills Act and also checking that it complies with your wishes.
An attorney can also advise you on any problem which may arise with your will, and assist your executor. Often a will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure that the all the legal requirements of the Wills Act are met.
These include the fact that the will must be in writing, must be signed by the testator in the presence of at least two competent witnesses, and also be signed by the witnesses.
q What could happen to your estate if you die without a valid will?
If you die without leaving a valid will, your assets will be distributed according to the provisions of the Intestate Succession Act. These provisions are generally fair and ensure that your possessions are transferred to your spouse and children and, where applicable, to siblings, parents and, if required, to the extended family in terms of degrees of relationships.
But, the following problems may arise if you die without leaving a will:
• Your assets may not be left to the person of your choice.
• It can take a longer time to have an executor appointed. The executor who is appointed may be somebody you may not have chosen yourself.
• There could be extra and unnecessary costs.
• There could be unhappiness and conflict among members of your family, because there are no clear instructions on how to distribute your assets.
q Where to find an attorney to draft your will:
The contact details of attorneys participating in the National Wills Week project can be accessed on the LSSA website at www.LSSA.org.za.
Alternatively, call the relevant provincial law society for attorneys in Gauteng on 012 338 5800.
