Get your affairs in order, advises CJ Cogan Attorneys

The importance of a will cannot be understated.

This being National Wills Week, it is important for you to know what needs to be done to ensure a will is valid.

Senior director of Umhlali-based CJ Cogan Attorneys, Jo-Anne Cogan says if these formalities are not met, a will shall be declared invalid – meaning that the estate would devolve in terms of the rules of intestate succession.

Intestate succession means that the deceased’s spouse, or children, would receive the possessions left behind, but this may not have been what the testator or testatrix wanted – such as perhaps wanting to leave specific items to certain individuals.

“Having a will prepared by a competent professional is crucial. Review your will regularly to allow for changing circumstances and family needs and commitment, particularly after certain significant events like marriage, birth of a child or death of a loved one,” urges Cogan.

In order for a will to be valid, it has to be in writing.

Two non-beneficiary witnesses must have seen the document being written by the testator or testatrix.

Each page of the will should also be signed and witnessed. But aside of wanting to leave behind something for a loved one when you die, there are benefits to having a current and valid will.

• It provides for the appointment of an executor who is required to report to the master of the high court on all matters relating to the administration and winding up of your estate.
• It also aids in estate planning, provides certainty – avoiding confusion – and reduces unnecessary stress and burdens on loved ones.
• It speeds up the process of winding up an estate and ensures that it is distributed in accordance with your wishes. It takes care of the future needs of your children – should you have any – and provides for the appointment of a guardian.

CJ Cogan Attorneys Incorporated boast an all-female staff complement comprising of 5 professional staff and 9 support staff .

They have a wide fi eld of knowledge and specialise predominantly in conveyancing, deceased estates, debt review and civil litigation.

CJ Cogan Attorneys Inc – Participating in National Wills Week 26 – 30 October, 2020.