Do you have a will? If not, now is the time to have a basic will drafted by an attorney free of charge.
Do you have a will? If not, now is the time to have a basic will drafted by an attorney free of charge.
It has become a custom in South Africa for participating attorneys to donate their services during National Wills Week, held this year from 5 to 19 September.
A valid will allows you to state who should inherit your assets and property, to appoint an executor of your choice for your estate and also a guardian for your minor children. If you die without leaving a valid will, your assets will be distributed according to the provisions of the Intestate Succession Act.
They are generally fair and ensure that your possessions are transferred to your spouse and children, and where applicable, to siblings, parents and then to the extended family. However, this could be a very lengthy and expensive procedure. It doesn't ensure that your assets are left to the person you choose and can cause unnecessary conflict in families.
A media statement by the Law Society of South Africa said that persons who have been recently divorced or widowed, or those who are cohabitating with partners also should consider having a will to ensure there are not competing claims on their estate.
It is especially important if you have a number of people financially dependent on you as several people could make a claim on your estate. An attorney will ensure your will complies with your wishes and is valid under the Wills Act. Often a will is invalid because it has not been signed in the presence of at least two competent witnesses and also signed by the witnesses.
During Wills Week, attorneys will display posters with their contact details so that members of the public can make appointments.
The contact details of participating attorneys also can be accessed at www.lssa.org.za or by contacting the Cape Law Society at (021) 443 6700 or the Law Society of South Africa at (012) 366 8800. I
