Legal experts to draft your will free of charge
One of the greatest risks of not having a legitimate will in place is the often nasty family in-fighting over the inheritance of assets. To assist the public, legal practitioners will draft free wills during National Wills Week that will take place from 26 to 30 October. The services are offered through a partnership with …
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One of the greatest risks of not having a legitimate will in place is the often nasty family in-fighting over the inheritance of assets.
To assist the public, legal practitioners will draft free wills during National Wills Week that will take place from 26 to 30 October.
The services are offered through a partnership with Legal Aid South Africa (Legal Aid SA), the Law Society of South Africa and the Department of Justice and Constitutional Development.
According to the Law Society, attorneys are professionals qualified in law. An attorney can advise you on any problem which 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.
If a person dies without leaving a valid will, the assets will be distributed according to the provisions of the Intestate Succession Act.
The provisions of this Act are generally fair and ensure that the deceased’s possessions are transferred to the spouse and children or family members if there are any or may ultimately land in the Government Guardian’s Fund.
One of the disadvantages of the absence of a valid will is that it takes quite a time to have an executor appointed.
The executor who is appointed may be somebody you may not have chosen yourself and there may also be additional costs involved.
A valid will however ensures that there are clear instructions to the executor on how to distribute the assets and it avoids conflict between family members.
According to statistics from the Department of Justice, the 2018 National Wills Week campaign saw free wills drafted and estate advice given to 4 555 people across the country.
This was supported by a strong social media awareness campaign which reached 340 754 users nationwide. Statistics for 2019 were not available at time of going to print.
Story: Barry Viljoen