Members of the public who do not already have a legal will in place are able to have a basic, valid one drafted by an attorney free of charge during Wills Week, running nationally from 11 to 15 September. It instills among South Africans the importance of having a valid and up-to-date will and affords those not having a will drafted.
This annual campaign is aimed at enhancing public awareness about the value of having this type of personal document drawn up. Encouragement is further informed by the Master of the High Court’s findings that about 70% of working South Africans do not have legal wills. Statistics further show that more than 75% die without a will in place.
“Legal Aid South Africa is encouraging South Africans to use wills week to their advantage and ensure that they draft their will at no cost. Having a will minimises the chances of your family fighting over your estate when you die. It will clearly state who gets what, which will protect your estate from anyone you do not want to benefit from your assets or belongings. A will also allows you to make an informed decision on who will look after your minor children in the event you die,” said Molefi Molefi, spokesperson of the organisation in the Free State and North West.
A will is a legal document that stipulates a person’s wishes on how they would like their estate property to be divided between their family members after their death. Any person of 16 years and over is free to make a will in order to determine how his or her estate should devolve upon his or her death. If you die without leaving a valid will, your estate will devolve in terms of the rules of intestate succession, as stipulated in the provisions of the intestate succession Act, (Act 81 of 1987).
The rules of devolution in this act may not be in accordance with your actual last wishes. This means your assets may not be left to the person of your choice, something you might not have wanted to have happen. If a person dies without a will, the beneficiaries will nominate an executor. This person will be responsible for liquidating the assets and managing the bank accounts as well as dividing the assets between the heirs. When children are minors, the inheritance will be kept and managed by the guardian’s fund.
Visit a Legal Aid South Africa office near you during National Wills Week to have a basic will drafted, for free. More information is available on legal-aid.co.za and on social media @LegalAidSA1. Call the toll-free Legal Aid advice line on 0800-110-110 or send a Please-Call-Me to 079-835-7179 to receive legal advice on wills, at no cost.
