National Wills Week will this year be held from September 16 to 20.
Malherbe Rigg & Ranwell Inc (MRR) in Boksburg will once again, in association with the Legal Practice Council, support the annual event, during which time community members over the age of 16 can have their last will and testament drafted for free.
According to Melissa Ward, candidate attorney at MRR, a will enables you to give clear instructions in respect of the manner in which your family, and more specifically, your children should be cared for.
“A will enables you to specify how your estate should be utilised in order to care for your children and also enables you to appoint a loving and trustworthy guardian (or guardians) to take care of your children,” said Ward.
“You can, therefore, live life with a calm heart, knowing that should something happen to you, your children will be looked after.
“If you do not have a will, your estate will be distributed strictly in accordance with the Intestate Succession Act 81 of 1987; this may not always accord with your wishes.”
She said, secondly, a will allows you to appoint an executor of your choice.
“An executor is someone who has the responsibility to ensure that your plans are followed through and that your estate is distributed according to your wishes and instructions.
“It is advisable that you appoint an estate administrator who knows the procedures involved in administering an estate. However, you can also appoint a family lawyer, husband, wife or child who can then in turn appoint an estate administrator to act as his or her agent.
“If you do not have a will, the Master of the High Court has the power to appoint an executor on your behalf and may request that such executor put up security. On the other hand, if you have a will, you can provide that your executor is exempt from providing such security to the Master of the High Court.
“Thirdly, a will allows you to control and specify the exact manner in which your estate should be distributed. If you have a will you will be able to allocate certain assets to certain people and you will be able to benefit both relatives and non-relatives. Thus, you will be able to share your estate with the people who meant the most to you during your lifetime.
“If you do not have a will you will not be able to benefit non-relatives, even if they meant the world to you.
“Fourthly, a will expedites the administration of an estate and therefore allows your loved ones to grieve your death without having to quibble with attorneys and deal with government organisations.
“If you do not have a will, the administration of your estate is subjected to government organisations, which means that it could take several years for your estate to be finalised.”
She said, lastly, a will allows you to give back to society and leave behind a legacy through an honourable gesture, such as allocating a portion of your estate to an animal, environmental or human cause.
“If you do not have a will, you will not be able to award a portion of your estate to any such charity.”
Contact Jennifer Venter, Riana Briedenhann or Melissa Ward on 011 918 4116 at MRR to make an appointment or visit them at 650 Trichardts Road, Beyers Park.
Alternatively, visit Law Society of South Africa at https://www.lssa.org.za/ to find out which other law firms and attorneys support National Wills Week.
