National Wills Week: What is the importance of having a will
Being a young single parent, Ayanda Mboto, a director at law firm Kloppers Inc., said she wishes to advise especially young parents, young married couples, and in particular single parents, to draft a will.
THIS week (September 15-19) is National Wills Week and Ayanda Mboto, a young professional and single parent, believes that this week is the perfect opportunity to educate an emerging generation of South Africans about the importance of wills.
“From millennials (between 29 and 44) to Generation Z (between 13 and 28), you are never too young to not know about the importance of wills,” said Mboto, a director at law firm Kloppers Inc.
“A will is an act of love rather than a legal process. It is what you leave as your legacy for your children and your spouse. Many are quite intimidated and don’t really like to think about the possibility of passing away, but this is something that protects those who are important to you,” explains Mboto.
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The Highway resident said according to statistics provided by the Master of the High Court of South Africa, less than 15% of South Africans have wills in place when they die, often leaving a legacy of confusion and frustration or even protracted and expensive court battles.
Mboto said a will becomes a necessity from as early as one’s twenties.
“South Africans still get married young, usually in their early twenties. Both spouses are working and want to invest in property and have children. There is still the belief that you only have to have a will if you are rich. There’s also a fallacy that drafting a will is extremely expensive. That’s why the Wills Week campaign is so important. We need to educate people that they don’t have to pay for a will – but that a will is an important part of their lives,” she explains.
Wills and parenthood
By sharing this, Mboto said she wishes to reach young parents, young married couples and in particular, single parents.
“Having a will in place is most important for single parents, not because of the distribution of assets but because of issues around guardianship. Your child doesn’t automatically go to an ex-spouse. Leaving a will is very much about active care.”
Mboto completed her articles with law firm Kloppers Incorporated and then became an associate and a partner last year. As a wills specialist and managing director of deceased estate department at Kloppers Durban branch, she knows that juggling work and parenthood is even more exacting for single parents.
However, according to the Human Sciences Research Council, more than 60% of children in South Africa grow up in single parent households.
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“We may take it for granted that family will take over. In reality, it doesn’t happen like that. When you are gone, people are grieving and confused. As single parents, we go out of our way to raise our children and sometimes not all are comfortable with taking over. So, you need to have that discussion with your family. Put it down on paper that your mother or your sister or another specific individual will step in,” advised Mboto.
She warned that a single parent passing away without a will can create chaos.
“Schools and medical service providers demand involvement from legal guardians – but a court order is needed to appoint one. Without one, the child left behind risks being placed in foster care or a home.”
Challenges when drawing up wills
Mboto believes that apart from simply failing to address this critical aspect of financial planning in the hustle and bustle of everyday life, many people also put off drawing up wills because they are intimidated by the complex legal jargon.
However, this is necessary because a will is, first and foremost, a legal document. “So, there are rules that we cannot skip. They are there for a reason. For example, why is it important to nominate an executor?” she says.
“You nominate an executor because you need somebody to be in charge. If you have small kids, you want somebody who knows what happens in your life to assist. In the case of married couples, it makes sense to nominate your spouse as executor or co-executor. They can then work together, challenge decisions, request payments and make sure that they are made,” she advises.
Wills and relationships
Mboto admits that her work is (challenging) – especially as she deals with people who are grieving the loss of a loved one.
Instead of a (corporate) institution accessed mainly via email or by appointment only, she advises working alongside a legal team such as Kloppers where a specialised team of 22 is always on hand to assist.
She paints a picture not of a professional surrounded by a pile of files but of a human being who cares and is backed by an experienced and competent team who support her and her clients. “Personal service of high quality is our primary objective when we deal with clients and matters.”
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