We all know that it's vital to have a proper will in place but so many of us put off having a will drawn up because of the costs involved or because we're not sure how to go about it.
We all know that it's vital to have a proper will in place but so many of us put off having a will drawn up because of the costs involved or because we're not sure how to go about it.
The good news is that attorneys across the country will be drafting free basic wills during National Wills Week from 14 to 18 September 2015.
If you are a parent, breadwinner, homeowner and generally want to ensure that your affairs are in order, it is important that you have a valid will drafted by a professional, the Law Society of South Africa says.
"A valid will allows you to state your last wishes, 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," say the society's co-chairpersons Busani Mabunda and Richard Scott.
If you were married, divorced or widowed recently or you have started cohabiting with your partner or have bought new property, you must have a will. Similarly, unmarried people – particularly those who may have a number of people and extended family members who depend on them financially – should ensure they have a will in place, as several people could make a claim on their estates.
During National Wills Week, attorneys participating in the initiative will display posters including their contact details so that members of the public can make appointments with a professional in their area.
In addition, you can access the contact details of all participating attorneys on the LSSA website at www.LSSA.org.za or by contacting the relevant provincial law society. What should you take to the attorney for your will to be drafted?
Take your ID document and a list of what you own and the approximate value (including specific personal items that you wish to bequeath to specific people).
Before you go to the attorney, think about who must get what, who should be the legal guardian of your minor children (those under 18), and 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 also to nominate the attorney as co-executor as the attorney will deal with any legal issues.
A practising attorney has the knowledge and expertise to ensure that your will complies not only with your wishes but with all the legal requirements of the Wills Act.
Often a will is not valid because the person who drafts it does not have the knowledge to ensure that all these requirements are met – including the fact that 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.
If you die without leaving a valid will, your assets will be distributed according to the provisions of the Intestate Succession Act.
These provisions are generally fair and ensure that your possessions are transferred to your spouse and children, and where applicable, to siblings, parents, and if required, to the extended family in terms of degrees of relationships.
However, not having a will means:
• Your assets may not be left to the person of your choice.
• It can take longer to have an executor appointed. The executor may be somebody you may not have chosen yourself.
• There could be extra and unnecessary costs.
• There could be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.
So, take advantage of National Wills Week and get yourself free peace of mind. Go to www.LSSA.org.za for participating attorneys or, for attorneys in the Western, Eastern and Northern Cape, call the Cape Law Society at (021) 443 6700.
