Draft your Will for free, this National Wills Week

The Law Society of South Africa National Wills Week will take place from 11-15 September 2023

The purpose of this event is to emphasis the importance of having a will to ensure that your assets are disposed of in accordance with your wishes after your death. This privilege is called “freedom of testation”.

National Wills Week is held annually, where participating attorneys offer basic Will drafting for free. Attorneys are professionals qualified in law.

PICTURE: Go Legal

The Western Cape Infrastructure Department has urged housing beneficiaries to draft their Wills for free this week. The provincial department said a valid Will provides peace of mind and ensures that assets are handled according to the desires of housing recipients.

“We have many instances where family members request the Department to intervene and direct home ownership following the passing of a housing beneficiary. Residents should be aware that the Department legally cannot get involved in the allocation of a house should the recipient pass, with or without a will. Following the initial handover, a house becomes the personal property and asset of the housing beneficiary. The onus is therefore on the recipient to indicate ownership of their house in the event of death. A valid Will guarantees that your loved ones have no delays and conflict with regards to your wishes for your house” said Jacqueline Gooch, Head of Department.

According to LSSA, only 30% of South Africans currently have Wills with very few people aware of the many costs associated with winding up an estate.

‘’The reason that people do not have a will is they think only rich people draft up a will, but that is not the case. Any assets you might have – cellphone, house, even a pen – you want to bequeath, you can add to your will. It is basically valuable things you want to leave for your family etc.,’’ said Vuyani Lallie, Deputy Master at the Cape Town Master Office.

An attorney can advise you on any problem which may arise with regard to your will as they have necessary knowledge and expertise to ensure that your will is valid and complies with your wishes. The transition of property ownership can be a complex and emotional process which leads to disputes among family members.

Done: by Alungile Njemla