Cape Town - Many South Africans do not have wills, the Law Society of South Africa (LSSA) has noted, saying National Wills Week is an ideal opportunity to have a basic will drafted.
“The coronavirus emphasised why it is important to have an updated will. Due to lockdown restrictions, many could unfortunately not get their wills drafted during this critical time,” the LSSA said.
“With the removal of lockdown restrictions, it is essential to ensure that a legally sound will gets done.
“This will ensure that there are no competing claims on your estate when you pass away and your intention to your dependents is followed.”
The LSSA’s National Wills Week campaign allows the public to have a basic will drafted by an attorney free of charge from September 12 to 16.
The contact details and addresses of all participating attorneys can be accessed at http://www.lssa.org.za/our-initiatives/advocacy/national-wills-week/.
Once you have located a law firm closest to you, give them a call and set up an appointment directly with them.
During the LSSA National Wills Week, attorneys participating in the initiative will display posters with their contact details so that members of the public can make appointments with attorneys in their area. In addition, the contact details and addresses of all participating attorneys can be accessed on the LSSA website at www.lssa.org.za
What you should provide to the attorney for your will to be drafted:
- Your ID document.
- A list of what you own (including specific personal items you wish to bequeath to specific people).
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, close family member, or friend. If you decide on a family member or friend, nominating the attorney as co-executor is advisable as the attorney will deal with any legal issues. The executor must be approved by the Master of the High Court.
What could happen to your estate if you die without a valid will?
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, then to the extended family in terms of degrees of relationships and those that were dependent on you for financial support.
The following issues may arise if you die without leaving a will:
- Your assets may not be left to the person of your choice.
- It can take a longer time to have an executor appointed. The appointed executor may be somebody you may not have chosen yourself.
- There could be extra and unnecessary costs.
- There could be unhappiness and conflict among family members because there are no clear instructions on how to distribute your assets.
Cape Times