National Wills Week: get your wills drafted free of charge
In terms of South African law, in the event that a person dies without a valid will the Intestate Succession Act will be applicable to such person’s estate.
September 13 to 17 marks the 2021 National Wills Week, and citizens are encouraged to take advantage of the opportunity to have their wills drafted by qualified lawyers free of charge.
Attorneys who participate in National Wills Week will be drafting free basic wills during the aforementioned period across the country. So, if you haven’t had a will done yet, this is your golden opportunity.
“2021 has been a year of great uncertainty. National Wills Week affords all South Africans the opportunity to gain control and ensure that when they pass away, their estates are administered in accordance with their wishes and at their own discretion,” said Malherbe Rigg and Ranwell’s candidate attorney Monique van Rhyn.
Why should you approach an attorney to assist you with the drafting of your will?
Attorneys who attend to the winding up of estates are both qualified and experienced to give a client proper advice and to draft a valid will, which will not only comply with legislation but equally important, contain the wishes of the testator or testatrix.
What’s the importance of a will?
A will provides the testator with certainty that when they die the assets which form part of their estate will be distributed in accordance with their wishes. The testator is also entitled to elect a designated person of their choice, to act as the executor of the estate.
In drafting a will, the testator is able to make provision for any minor children who are dependent on the testator and the managing of their assets and finances until such time as they can attend thereto themselves.
Further, a will can also provide for any funeral arrangements, which in the absence of a will, will have to be attended to at the discretion of the deceased’s family members.
What happens in the event that you die without a valid will?
In terms of South African law, in the event that a person dies without a valid will the Intestate Succession Act will be applicable to such person’s estate.
The act provides that all the assets that form part of the deceased’s estate shall be distributed to their spouse and children (should they have any), alternatively their parents or siblings, and in exceptional cases, even extended family members.
An intestate inheritance due to beneficiaries under the age of 18 years will be paid into the guardian’s fund to be held until such beneficiary attains the age of 18 years. If a proper will is drawn up, a trust can be created, trustees can be appointed and the necessity to have to deal with the guardian’s fund can be avoided.
Challenges that may occur in relation to intestate succession
In the event that the deceased dies without leaving a valid will (intestate), their assets may not be transferred to the person of their choice.
The deceased will further have no control over the person who is appointed as the executor of their estate and therefore will have no control over who will attend to the administration of their estate.
The Master of the High Court must approve the executor applying to be appointed and if the executor is not a spouse, parent or child of the deceased, security must be provided by the executor, in the form of an insurance policy, which is an unnecessary additional expense in the estate.
For more information on free Wills Week or regarding the subject at hand contact Malherbe Rigg and Ranwell Attorneys on 011 918 4116 (Riana ext 2025/Val ext 2005/Danica ext 2029).
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