Get your will drawn up for free
Ensure that you have a compliant will during National Wills Week.
THE public can have a basic will drafted by an attorney free of charge during National Wills Week from 7 to 11 October. Attorneys’ firms throughout the country are participating in the National Wills Week project.
‘By ensuring that you have a valid will, you as the testator, can protect the interests of your loved ones and ensure there is no delay in settling your estate after your death. It also ensures that your executor will act according to your wishes as set out in your will. 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,’ say Law Society of South Africa (LSSA) co-chairpersons Kathleen Matolo-Dlepu and David Bekker.
During Wills Week, attorneys participating in the initiative will display posters with their contact details so the public can make appointments with attorneys in their area. In addition, the contact details of all participating attorneys can be accessed on the LSSA website at www.lssa.org.za or by contacting the KwaZulu-Natal Law Society at 033 345 1304.
A practising attorney has the necessary knowledge and expertise to ensure that your will is valid by complying with all the legal requirements in the Wills Act and that it complies with your wishes. An attorney can also advise 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 that all the legal requirements of the Wills Act are met. These include 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 also 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, then to the extended family in terms of degrees of relationships.
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 and the executor who is appointed may be somebody you may not have chosen yourself. There could be extra and unnecessary cost as well as unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.
