SOUTHERN CAPE NEWS - No one likes to think about death, but by ensuring that you have a valid will, you can protect the interests of your loved ones and ensure that there is no delay in settling your estate after you are gone.
As has become tradition over the past few years, members of the public will be able to have a basic will drafted by an attorney free of charge during National Wills Week from 11 to 15 September.
Attorneys' firms throughout the country are participating in the project. "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," said Law Society of South Africa (LSSA) Co-Chairpersons, David Bekker and Walid Brown.
During National Wills Week attorneys participating in the initiative will display posters with their contact details so that members of the public can make appointments with attorneys in their area.
In addition, the contact details and addresses of all participating attorneys can be accessed on the LSSA website at www.LSSA.org.za, the Cape Law Society at 021 443 6700 or the Law Society of South Africa at 012 366 8800.
Why should an attorney draft your will?
A practicing 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 also signed by the witnesses.
What could happen to your estate if you die without 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. Your assets may not be left to the person of your choice and it can take a longer time to have an executor appointed. There could be extra and unnecessary costs. There could be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.
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