National Will Week: Have your will drafted free of charge
Law firms throughout the country participate in this annual initiative and Review spoke to Edelweiss Kotze from Elmarie Bierman Attorneys about the advantages of having a will.
POLOKWANE – As has become tradition over the past few years, people will be able to have a basic will drafted by an attorney free of charge during National Wills Week, from 17 to 21 September.
Law firms throughout the country participate in this annual initiative and Review spoke to Edelweiss Kotze from Elmarie Bierman Attorneys about the advantages of having a will.
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“You select your beneficiaries and decide who gets what. You also decide which assets and what percentage or value of your assets to leave to the beneficiaries,” she explained, adding people can choose to place conditions on a beneficiary before they qualify for the benefit, and how they may or may not use the benefits of their inheritance. “You can use a testamentary trust to protect minor children or incapacitated beneficiaries. You can also choose who will be the executor of the estate.
“Lastly you can nominate a guardian to care for your children in the unfortunate event that you should die while they are still minors.”
The Law Society of South Africa (LSSA) Co-Chairpersons, Mvuzo Notyesi and Ettienne Barnard, explained it is important to have a valid will drafted by a professional, especially if you are a parent, breadwinner or homeowner.
Law firms in Polokwane participating in National Wills Week are:
• Makgobatlou Attorneys Inc.
• NC Ramahuma Attorneys.
• Elmarie Bierman Attorneys.
• JSC Khoza Attorneys Inc.
• Matuba Maponya Attorneys.
• Maloka Thulare Attorneys.
• FP Mugivhi Attorneys.
• NKP Manamela Attorneys Inc.
• PMK Tladi & Associates.
• Podu Mamabolo Attorneys Inc.
• Espag Magwai Attorneys.
• Pratt Luyt & De Lange Attorneys.
• AM Vilakazi Tau Attorneys.
• Harman Nethononda Attorneys.
• GN Moabelo Inc.
• Popela Maake Inc.
• Molepo Damara & Associates.
• Du Toit, Swanepoel, Steyn & Sprüyt Attorneys.
• CJ Ntsoane Attorneys.
• Leshabane Attorneys.
• AM Carrim Attorneys.
To avoid disappointment, it is paramount to make an appointment before visiting one of the participating law firms.
When getting a will drafted, ensure to take your ID and a list of what you own ((including specific personal items you wish to bequeath to specific people) with you.
Before you go to the attorney, think about:
• Who must get what?
• Who should be the legal guardians of your minor children (those under 18)?
• Who should be the executor of your will? This could be your attorney or a close family member or friend.
If you decide on a family member or friend, it is advisable also to nominate the attorney as co-executor as the attorney will deal with any legal issues.
Why should an attorney draft your will?
A practising attorney has the necessary knowledge and expertise to ensure 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 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 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.
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.
