Why having a will is important
Two local law firms will draft wills for free during National Wills Week from September 14 to 18.
Attorneys across the country will be drafting free basic wills for any parent, breadwinner, home owner and those who generally want to ensure their affairs are in order.
It is important to have a valid will drafted by a professional.
Busani Mabunda, co-chairman of the Law Society of South Africa (LSSA), says a valid will allows the community to state their last wishes, who should inherit their assets and property, to appoint an executor of their choice for their estate and also a guardian for their minor children.
He says every married, divorced or widowed person and even those who have started living with a partner or have bought new property, should have a will.
Unmarried people, particularly those who may have a number of people and extended family members who depend on them financially, should also have a will in place.
It is important to make an appointment and to take with an ID and a list of what the person owns and the approximate value, including specific personal items they wish to bequeath to specific people, when visiting either of the two law firms.
“It is best to think about who must get what, who should be the legal guardian of minor children under 18 and who should be the executor of the will,” says Mabunda.
Mabunda says if someone dies without leaving a valid will, their assets will be distributed according to the provisions of the Intestate Succession Act.
These provisions are generally fair and ensure that their possessions are transferred to their spouse and children, and where applicable, to siblings, parents, and if required, then to the extended family in terms of degrees of relationships.
The following problems may arise if a person dies without leaving a will:
- Assets may not be left to the person of choice.
- It can take a longer time to have an executor appointed.
- There could be extra and unnecessary costs.
- There could be conflict among family members due to unclear instructions on how to distribute the assets.
Fore more information, call Richardt Lubbe on 011 812 1440 or visit 90-92 Sixth Street, Springs, or call Siphiwe Kunene on 011 815 3281 or visit 210 Fourth Street, Springs.
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