BLOGGING THE VIEW: 5 reasons to get a will this National Wills Week

Have you got a will? If the answer is ‘yes’, then well done! But now think about when you last updated that will and how much has changed in that time.
If the answer is ‘no’, then you’re one of many South Africans who need to get their affairs in order, and can do so next week.

You don’t often get something for free, but this LSSA National Wills Week, from 11 to 15 September, you’ll get exactly that. Free wills are written up by attorneys, so you can rest easy.

What happens if you don’t have a will?

· Your family endures a lengthy process to appoint an appropriate executor
· The executor might not be someone you would’ve chosen
· There are additional fees and costs involved
· Your loved ones could endure confusion and frustration
· You can’t set up a trust to receive assets or cash on behalf of minors
· You cannot nominate a guardian for your minor children
· You cannot distribute offshore assets

Why get a will written up?

1. Choose who will manage your estate
When you write up your will, or have it written up for you, you become the testator who nominates an executor who is in charge of wrapping up your affairs. Tasks will include closing bank accounts and liquidating assets.

2. Choose who gets your assets
As the testator, you can choose who gets all your valuable assets such as property, jewellery, your coin collection, or whatever else has some value. You can also ensure certain people don’t receive anything in your will, such as past loves!

3. Choose who cares for your children
Probably the most important reason for writing up a will is nominating a guardian for your minor children in the event that both parents die. The guardian is responsible for the child’s housing, healthcare, education, food and clothing.

4. Choose who cares for your pets
Pets are considered to be property in the eyes of the law, so you can name a beneficiary of your pet, such as a friend or family member. You can also assign funds for the pet’s care.

5. Provide funeral instructions
One of the reasons people put off writing up a will is they don’t want to think about death, or are superstitious. However, with a will you can outline your funeral wishes, giving some guidance on what you want.

Why should an attorney draft your will?

Attorneys are professionals qualified in law and can advise you on any problem that may arise regarding your will. An attorney has the necessary knowledge and expertise to ensure your will is valid and complies with your wishes.

Often a will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure the requirements of the law are met.

What do you need for a will to be valid?

· A will must be in writing – audio and video statements are not valid (despite what the movies show!)
· Two witnesses older than 14 years must be present during the signing process
· Witnesses must not be mentioned as beneficiaries in any way in the will
· Every page of the will must be initialled, with the last page signed in full. This must be done in the presence of the selected witnesses
· The witnesses must also initial each page and sign the final page of the will

For more information or for assistance, call the Law Society of South Africa on 012 366 8800 or email at lssa@lssa.org.za

SOURCES:
https://www.discovery.co.za/
https://www.lssa.org.za/our-initiatives/advocacy/national-wills-week

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