RESIDENTS can take full advantage next week to have their wills drawn up for free at participating legal practices during National Wills Week.
The annual National Wills Week – a joint initiative of the six constituent members of the Law Society of South Africa (LSSA), which includes the Cape Law Society, the Law Society of the Free State, the KwaZulu-Natal Law Society, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – will take place from October 26 to 30.
“If you are a parent, a breadwinner, a homeowner and generally want to ensure that your affairs are in order, it is important that you have a valid will drafted by an attorney,” says LSSA President, Mvuzo Notyesi.
“A valid will allows you to state your last wishes, who should inherit your assets and property, to appoint an executor of your choice for your estate and also a guardian for your minor children.
“By ensuring that you have a valid will, you as the testator, can protect the interests of your loved ones and ensure that there is no delay in settling your estate after your death. It also ensures that your executor will act according to your wishes as set out in your will.”
Why an attorney?
A practising attorney has the necessary knowledge and expertise to ensure that your will is valid by complying with all the legal requirements in the Wills Act and also that it complies with your wishes. An attorney can also advise you on any problem which 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 that all the legal requirements of the Wills Act are met.
These include the fact that the will must be in writing, it must be signed by the testator in the presence of at least two competent witnesses and signed by the witnesses.
- The Uitenhage attorneys participating in National Wills Week are:
Arno Strydom Incorporated
at 34 Mosel Road, Mosel, and Belinda Greeff can be contacted at 041 922 6474 to make an appointment. The other attorney participating is
Johan Cronje Attorneys at 25 Upper Drostdy Street, Central and Jayne Cronje can be contacted at 041 922 0541 to make an appointment.
To provide
What you should provide to the attorney for your will to be drafted:
- Your ID document.
- A list of what you own (including specific personal items that you wish to bequeath to specific people).
Think about
Before the 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?
Your estate
If you die without leaving a valid will, your assets will be distributed according to the provisions of the Intestate Succession Act.
These provisions 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.
No will
If you die without a will:
- Your assets may not be left to the person of your choice.
- It can take a longer time to have an executor appointed.
- There could be extra and unnecessary costs.
To find an attorney participating in the National Wills Week project, visit www.lssa.org.za.
Source: Law Society of South Africa
