Get your will drafted for free during National Will Week

AS has become tradition over the past few years, the public will be able to have a basic will drafted by an attorney free of charge during National Wills Week from 7 to 11 October.

By ensuring that you have a valid will, you as the testator, can protect the interests of your loved ones and ensure that 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.

Attorneys participating in the National Wills Week initiative will display posters with their contact details so that 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 contact the KwaZulu-Natal Law Society at (033) 345 1304.Or call the Law Society of South Africa at (012) 366 8800.

Why should an attorney draft your will?
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 also that it complies with your wishes. An attorney can also advise you 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.

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.

But, the following problems 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 executor who is appointed 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.