Most South Africans cause problems for family by not writing a will

Three out of four adult South Africans — 48% of them men

do not have a will and Capital Legacy managing director Brandon Garbutt says this is largely due to “our Superman complex, thinking that we are indestructible ”.

“When a person, especially the major breadwinner, passes away, the survivors in an average middle-class family need to deal with property, loans, bank accounts, cars, investments, savings and pension funds.

Without a will, dumping the responsibility on them to get things in order is simply uncaring,” Garbutt said.

A director of East London law firm Bate Chubb and Dickson, Lindsay Jones, blamed the number of will-less people on lack of education.

“I think it is, in some cases, a concern about costs.

“People wrongly think wills are expensive.

They are not, unless they are massively complicated.

“In fact the Law Society has an annual ‘ Free Wills Week’, normally in September.”

Garbutt said distribution of an estate could be complicated when there had been a divorce and remarriage, and children were from different partners.

“The last thing you want is to leave your estate in the hands of the government to administer, but unfortunately this is what far too many people do.

Die will-less and your estate will be administered in terms of the Intestate Succession Act 81 of 1987.

“This means that your property, any assets you own and your money would be passed on according to the will of the state, and not necessarily how you would have wanted it.” This means:

If you were married but had no children, your spouse would inherit everything;

If you had a spouse and children, your estate is divided according to a specific formula — your spouse inherits R250,000 or a child’s share, whichever is greater;

If you had no spouse and no children, but are survived by your parents, they would inherit your estate in equal shares;

● If you had only one surviving parent they would inherit half of your estate and the other half would be inherited by your siblings;

If you had no siblings, your full estate would pass to your surviving parent;

If you had no surviving parents, your estate would be divided equally among your siblings; and

If you had no surviving parents and no brothers and sisters, other nearest blood relations such as nephews and nieces would inherit in equal shares.

“Suppose you had no surviving relatives, and no legitimate heir comes forward after 30 years, your estate’s proceeds will devolve on the state, Garbutt said.