Avoid conflict with family's by drafting up a will for free, during National Wills Week

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”.

COURTESY: X - @DOJCD_ZA

However, according to the Law Society of South Africa (LSSA) about 70% of South Africans do not have a will in place. That is why the LSSA attorneys across the country will provide the service at no charge during National Wills Week, which runs from 16 to 20 September. During the week attorneys participating in the initiative will draft new, basic wills for the public. Attorneys will not amend or redraft existing wills.

‘’A testament in writing is important as if you do not have one it means it becomes intestate. All persons who are over 16 years of age can make a last will and statement. If you do have assets, whereby your parents died or someone close to you gave something to inherit, you can make a will. Any person who is 14 years and older can sign as a witness. People always have this notion that they do not have an estate, as they think you will have properties and business etc., however if you do have a bank account, you have an estate,’’ said Zayaan Isaacs, Assistant Master at the Department of Justice and Constitutional Development, who spoke on Bush Radio’s Everyday People Show.

‘’People are just not educated enough or they do not know that they should be making this will and that the people they choose to inherit that needs to be in the will itself, because if there is no will then the Master of the High Court who the heirs are, so it can get messy and cause unnecessary confusion within family’s,’’ she added.

What are the requirements for a valid Will?#willsweek2024 pic.twitter.com/OTqjetv5l6

— The DoJ & CD (@DOJCD_ZA) September 16, 2024

Isaacs explained that the will must be drawn up, either hand written or typed, and it must be signed on all pages by the destator, and it must be signed by two witnesses. You pass away and you can nominate a person who is the executor and the executor ensures the state is administered according to your last wishes and that the distribution is run accordingly, whereby the master oversees the process. You pass away, the executor or whoever has your will, will then fill out all reporting documents list assests, attach will and lodge it at the office.’’

She explains that if one 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.

Isaacs encouraged the public to consult an attorney who will draft a will pro bono.

‘’There can be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets,’’ so please use this week and draft a will.’’

 

Done By: Mitchum George