The Department of Justice and Constitutional Development commemorated National Wills Week by providing free will drafting services to Soweto residents at Pimville Community Centre and Klipspruit Sports Centre from September 17 to 18.
This initiative was a collaboration between the City of Joburg and local councillors, aimed at bringing essential services closer to the community and preventing potential family disputes and conflicts over deceased parents’ assets.
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Residents welcomed the opportunity, expressing gratitude for the government’s efforts.
Lorain Monnakgotla from Zone Five shared, “I want to leave something in writing to avoid conflicts among my children, grandchildren, and great-grandchildren.”
Queen Gumede from Zone 4 echoed this sentiment, highlighting the importance of wills in preventing property disputes.
“A will is crucial; it prevents disputes between children and extended family members.“
Gumede appreciated the free service, initially thinking it was a scam.
Nomvulla Matsepe, who lost her husband before drafting a will, emphasised its importance.
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“I am glad I took this step, ensuring our discussions become a reality.”
Community challenges
Nomhle Mthobeni, a Ward 25 committee member, highlights a common issue in communities where houses are still registered in the deceased owner’s name, leading to disputes over municipal bills and ownership.
“This often results in family members fighting over who should pay, with some assuming ownership because they paid the bills.”
Sekati Daniel from Sekati Daniel Attorneys emphasises the importance of having the will to control asset distribution, bypass intestacy laws, and protect loved ones.
“Without a will, your assets are distributed according to the Intestate Succession Act, which may not reflect your wishes.
“This can lead to unintended beneficiaries, including children who may have neglected you, inheriting your assets, while relatives who cared for you are left out.”
South African law and wills
According to the Intestate Succession Act (1987) and Wills Act (1953), without a will, the master of the high court appoints an administrator, and assets are distributed according to the Intestate Succession Act, with spouses and children inheriting first.
Creating a valid will, updating it regularly, and considering estate planning are essential to avoid these consequences.
By taking advantage of National Wills Week, Soweto residents secured their legacy and protected their loved ones.
