THE Law Society of South Africa National Wills Week takes place from September 11 to 15, and individuals are encouraged to get a will drafted at no cost through participating attorneys’ firms.
By making a will, you ensure that your assets are disposed of in accordance with your wishes after your death. This privilege is called ‘freedom of testation’.
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Many South Africans do not have wills. You should really make sure that you have a legally sound will. This ensures that there are no competing claims on your estate when you pass away, and your intention to your dependents is followed.
Why should an attorney draft your will?
Attorneys are professionals qualified in law. An attorney can advise you on any problem that may arise with regard to your will. An attorney has the necessary knowledge and expertise to ensure that your will is valid and complies with your wishes. Often a will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure that the requirements of the law are met.
What happens 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. The provisions of this act are generally fair and ensure that your possessions are transferred to your spouse and children, and where applicable, to siblings, parents, and if required, then to the extended family in terms of degrees of relationships and those that were dependent on you for financial support.
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 long time to have an executor appointed. The executor who is appointed may be somebody you may not have chosen yourself.
- There can be extra and unnecessary costs.
- There can be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.
A valid will allows you to state your last wishes as to who should inherit your assets and property and enables you to appoint an executor of your choice for your estate and a guardian for your minor children.
The contact details and addresses of all participating attorneys can be accessed on the LSSA website.
What you should provide to the attorney for your will to be drafted:
- your ID document
- a list of what you own (including specific personal items that you wish to bequeath to specific people)
- a list of beneficiaries and their ID numbers.
Before the consultation with your attorney, think about:
- Who must get what?
- Who should be the legal guardians of your minor children (those under 18)?
- Who should be the executor of your will? This could be your attorney or a close family member or friend. If you decide on a family member or friend, it is advisable also to nominate the attorney as co-executor as the attorney will deal with any legal issues. The executor must be approved by the Master of the High Court.
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.
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