The Law Society of South Africa welcomes the public to receive free basic wills during National Wills Week from 14 to 18 September, compiled by attorneys across the country. The society’s co-chairperson Busani Mabunda said that if you are a parent, a breadwinner, a homeowner and generally want to ensure that your affairs are in order, it would be helpful if an attorney drafted you a professional will. “A valid will allows you to state your last wishes, who should inherit your assets and property, [and] to appoint an executor of your choice for your estate and a guardian for your minor children,” he said. Attorneys participating in the National Wills Week initiative will give residents an opportunity to make appointments with them. Attorneys will do this by displaying posters with their contact details in public, having been contacted through the society’s website.
Members of the public are required to produce a valid copy of their ID and a list of what they own and an estimate of the value of their assets when seeing an attorney. Co-chairperson Richard Scott also advised participants to think about who should be given which assets; who should be the legal guardian to individuals who have children younger than 18 years old and who should be chosen to be the executor of their will. Scott also said a practising attorney is the best person to assist members of the public by giving them valid legal advice. “Often a will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure that all the legal requirements of the Wills Act are met,” he said. There are a number of implications Mabunda warned against. Should a person die without a will, their assets will be distributed according to the provisions of the Intestate Succession Act. The person of your choice may not be left with your assets, there could be extra unnecessary costs, it could take longer for an executor to be appointed and there could be unhappiness and conflict among members of your family due to no clear instructions given.
