Get your will drafted for free during National Wills Week

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"A valid will allows you to state 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 can protect the interests of your loved ones and ensure that your executor will act according to your wishes, as set out in your will," say Law Society of South Africa co-chairpersons Jan van Rensburg and Mvuso Notyesi.

Those who have been recently married, divorced or widowed, or those who have been cohabitating with their partners for some time, should also consider having a will drafted.

If you have been cohabitating with your partner, it is advisable to have a will to ensure that there are no competing claims on your estate. Similarly, unmarried persons "particularly those who may have a number of people who depend on them financially" should ensure they have a will in place, as several people could make a claim on their estate.

During National Wills Week, participating attorneys 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 of all participating attorneys can be accessed on the LSSA website, or by contacting the relevant provincial law society.

What you should take to the attorney for your will to be drafted:

• Your ID document; and
  
• A list of what you own (including specific personal items that you wish to bequeath to specific people).

Before you go to the attorney, think about:

• Who must get what;
  
• Who should be the legal guardians of your minor children (those under 18); and
  
• Who should be the executor of your will. This could be your attorney, or a close family member or friend. If you decide on a family member or friend, it is advisable also to nominate the attorney as co-executor, as the attorney will deal with any legal issues.

Why should an attorney draft your will?

A practising attorney has the necessary knowledge and expertise to ensure that your will is valid, by complying with all of the legal requirements in the Wills Act, and also that it complies with your wishes.

An attorney can also advise you on any problem that 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 of 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?

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.

But, the following problems may arise if you die without leaving a will:

• Your assets may not be left to the person of your choice;
  
• It can take longer to have an executor appointed, and the executor who is appointed may be somebody you may not have chosen yourself;
  
• There could be extra and unnecessary costs; and
  
• There could be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.

For more information, contact the Law Society of South Africa on +27 (0)12 366 8800 or visit www.LSSA.org.za.

Source: The Times via I-Net Bridge