Need a will? Here’s the way
National Wills Week will be held from September 17 to 21. The attorneys who will draft free wills can be viewed on the Law Society of South Africa’s website at www.lssa.org.za. Please note: only a basic will will be drafted. No amendments or redrafting of
NATIONAL Wills Week has been in operation for several years. It is the joint initiative of the Law Society of South Africa together with its six constituent members, namely the KwaZulu-Natal Law Society, Cape Law Society, the Black Lawyers Association, the National Association of Democratic Lawyers, the Law Society of the Free State and the Law Society of the Northern Provinces.
This is a public service provided by members of the Law Society, namely attorneys or law firms, who have the ability to participate each year.
Not all law firms in the country participate in this social outreach programme largely because they operate in firms that do not handle cases dealing with wills and estates or due to scheduling conflicts.
During National Wills Week, participating attorneys across the country will draft wills at no cost. This allows those who require a will to have valid wills drafted to ensure the proper administration of their estates after their death. However, it should be noted that only basic wills will be drafted, no amendments and/or redrafting of existing wills will be done.
Every person has a right to the “freedom of testation”. What this entails is that every individual, in their personal capacity, has the right to dispose or distribute their assets in the manner of their own choosing after death. A testator (male) or testatrix (female), who has made a valid will, can ensure that his or her estate is handled and distributed in accordance with his or her wishes.
It is a misconception that only people with substantial wealth and/or properties should have wills drawn up. This is not the case.
The following are a few reasons why it is important have a will:
It affords the opportunity to choose and appoint any beneficiaries (those who will inherit). It further allows you to allocate specific shares or portions of the estate to each beneficiary.
For example, you can choose to leave your house to your first child, car to your second child and the contents of your bank account to your third child.
The assets in the estate do not have to be divided equally and you may include and exclude any party of your choosing.
The manner in which the estate is dissolved is determined by the clear instructions provided in the will. This will reduce any conflict or arguments among family members regarding the distribution of the assets. Every beneficiary is given what is allocated to them in the will, nothing more or less.
After a person’s death, the law requires that their estate be “wound up” whether the deceased leaves a will or not. This is a lengthy process that can be costly.
Costs of winding up the estate are usually more reasonable in cases where a deceased leaves a valid will. A will further allows for the appointment of the executor (person who administers the estate) making the process more efficient. A will also ensures there are not unnecessary or extra costs incurred during this process.
Another benefit to a will is the ability to appoint a guardian/s, who will assume responsibility and take custody of a minor child or children in the event of death. This clause allows you to choose an appropriate guardian for your child instead of involving the courts in a decision of this magnitude.
Further, a will may include a clause which prevents the spouse of your beneficiary from inheriting part of your estate even if that beneficiary is married in community of property or ANC with accrual.
An interested party may make an appointment with any of the participating law firms during Wills Week. You will be required to take a copy of your ID, your spouse’s ID (in the event of a joint will) and a list of all your assets. We always recommend that clients come in with a general idea of the allocation of the assets to make the process more efficient.