Take advantage of National Wills Week
National Wills Week this year runs from 13-17 September
Many South Africans do not have wills drafted and, for many people, this has become a more pressing issue of late.
It is imperative to have a legally sound will to ensure there are no competing claims on your estate when you pass away, and that your intention to your dependents is followed.
This prompted the Law Society of South Africa (LSSA) to initiate National Wills Week to ensure members of the public have their wills drafted by practicing attorneys who have the necessary knowledge and expertise to ensure your will is valid by complying with the legal requirements in the Wills Act.
The LSSA does, however, warn the public that many people who are not legal practitioners make use of LSSA’s Wills Week to advertise their services.
The LSSA advises the public to be vigilant of this, and notes that these non-legal practitioners are not affiliated with LSSA or Wills Week.
National Wills Week, running this year from 13 to 17 September, offers the perfect opportunity to have your will drafted, free of charge.
Attorneys participating in the initiative will display posters with their contact details, so members of the public can make an appointment with an attorney in their area.
In addition, the contact details and addresses of all participating attorneys can be accessed on the LSSA website – www.lssa.org.za
What you should provide to the attorney for your will to be drafted:
• ID document
• List of what you own (including specific personal items you wish to bequeath to specific people)
• A list of beneficiaries and their ID numbers
Before the consultation with your attorney, think about:
• Who must get what?
• Who should be the legal guardians of your minor children (those under 18)?
• Who should be the executor of your will? This could be your attorney, or a close family member or friend. If you decide on a family member or friend, it is advisable to nominate the attorney as co-executor, 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 practicing attorney has the necessary knowledge and expertise to ensure your will is valid by complying with all legal requirements in the Wills Act, and, importantly, that it complies with your wishes. An attorney can also advise you on any problem which 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 all legal requirements in the Wills Act are met.
These include: 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.
