Have your will drafted for free during the LSSA National Wills Week

Members of the public can have a basic will drafted by an attorney, free of charge, during the Law Society of SA’s (LSSA) National Wills Week from September 11 to 15 2023.

Attorneys’ firms throughout the country are participating in the campaign, including ones in Port Alfred and Makhanda.

Organising a will ensures there are no competing claims on your estate when you pass away and your intentions to your dependants are followed.

The National Wills Week campaign presents the ideal opportunity to have a basic will drafted.

Once you have located a law firm closest to you, give them a call and set up an appointment directly with them.

Why must you have a will?

By making a will you ensure that your assets are disposed of in accordance with your wishes after your death. This privilege is called “freedom of testation”.

What happens 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. The provisions of this act are generally fair and ensure that 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 and those that were dependent on you for financial support.

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 long time to have an executor appointed.

The executor who is appointed may be somebody you may not have chosen yourself.

There can be extra and unnecessary costs.

There can be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.

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 that it complies with your wishes.

An attorney can advise you on any problem that 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 that the will must be in writing, must be signed by the testator in the presence of at least two competent witnesses and signed by the witnesses.

What you should provide to the attorney for your will to be drafted:

Your identity document. A list of what you own (including specific personal items you wish to bequeath to specific people).

Before consultation with your 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, a close family member or friend. If you decide on a family member or friend, nominating the attorney as coexecutor is advisable as the attorney will deal with legal issues. The executor must be approved by the master of the high court.

Law Society of Southern Africa https://www.lssa.org.za

A practising attorney has the necessary knowledge and expertise to ensure your will is valid

Port Alfred:

Please refer to the adjoining advertisements for details of the Port Alfred based attorneys who will draft your will for free during Wills Week.

Rhodes University Law Clinic —Siyanda Makunga: 046-603-7656, 41 New Street