Rek Your Cheque: If there’s a will there is a way

Covid-19 and the lockdown have taught us many lessons.

As we watched friends and loved ones fall ill and pass away, one of the things that became apparent was that many South Africans do not have a will.

Fighting over inheritance can get ugly and can lead to huge trauma and damage to relationships, especially when there is no clear directive or a will from the deceased.

The Law Society of South Africa’s (LSSA) National Wills Week campaign aims to help with this.

According to a statement, members of the public will be able to have a basic will drafted by an attorney free of charge during National Wills Week, which will be running from 26 to 30 October this year.

Attorneys’ firms throughout the country are participating in the National Wills Week campaign.

“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.”

A last will and testament will also clear up any misunderstandings between relatives and is legally binding.

“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,” adds Mr Notyesi.

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 law firms 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.

Here’s what you need to know:

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).

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? 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.

The executor must be approved by the Master of the High Court.

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 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.

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 and those who were dependent on you for financial support.

The following issues may arise if you die without leaving 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. The executor who is appointed may be somebody you may not have chosen yourself.

* 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.

Where to find an attorney to draft your will:

* The contact details of attorneys participating in the National Wills Week project can be accessed on the LSSA website at www.lssa.org.za.

With opportunities like this available, there is no reason to not have a will.

*Moeshfieka Botha is Head of Research and Consumer Education at National Debt Advisors. For more information on debt and personal finance go to www.nationaldebtadvisors.co.za