Get your will drafted free of charge this week

POLOKWANE – There are a lot of South Africans who do not have a will and due to the lockdown restrictions many of them could not get their wills drafted.

Having a will will ensure that there is not competing claims on your estate when you pass away and your intention to your dependents is followed.

The Law Society of South Africa’s (LSSA) National Wills Week campaign presents the ideal opportunity to have a basic will drafted. Readers will be able to have a basic will drafted by an attorney free of charge during this week.

You can find out where your nearest participating attorney’s office is by visiting www.lssa.org.za.

During the week participating attorneys will have posters with their contact details on display and readers can make appointments with them directly.

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 you wish to bequeath to specific people).

Before the consultation with your attorney, think about:

• Who must get what?

• Who should be the legal guardians of your children (those under 18)?

• Who should be the executor of your will? This could be your attorney, close family member, or friend. If you decide on a family member or friend, nominating the attorney as co-executor is advisable as the attorney will deal with any legal issues. The executor must be approved by the Master of the High Court.

Why should an attorney draft your will?

• A practising 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 that it complies with your wishes.

• An attorney can advise you on any problem that 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 all the legal requirements of the Wills Act are met.

These include the fact that the will must be in writing; it must be signed by the testator in the presence of at least two competent witnesses and signed by the witnesses.

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, then to the extended family in terms of degrees of relationships and those that were dependent on you for financial support.

The following issues 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 appointed executor may be somebody you may not have chosen yourself.

• There could be extra and unnecessary costs.

• There could be unhappiness and conflict among family members because there are no clear instructions on how to distribute your assets.

Where to find an attorney to draft your will: The contact details of attorneys participating in the LSSA National Wills Week project can be accessed on the LSSA website: www.lssa.org.za.