Locals are being encouraged to take advantage of National Wills Week and have their wills written up for free from September 16 to 21, 2019.
By making a will, individuals can ensure their assets are disposed of in a way they would prefer after their death. This privilege is referred to as “freedom of testation”.
Attorneys are professionals qualified in law, that can advise interested parties in problems that could arise regarding their wills. They possess the necessary knowledge to ensure your will is valid and complies with all your wishes.
If your will is drafted by someone other than a professional who is qualified in law, it could not be valid due to lack of necessary legal knowledge required.
Individuals who die without a valid will have their possessions distributed according to the provisions of the Intestate Succession Act. These provisions are generally fair and ensure the possessions of the deceased are equally transferred to either their spouse or children.
Common problems that arise during this process include that the assets of the deceased are not left to their person of choice. It can take a longer time for an executor to be appointed and this person could not be suited to the deceased’s wishes. Extra or unnecessary costs can also be incurred.
These issues can also cause conflict and unhappiness between family members, especially when it comes to the distribution of valuable items.
You can find a list compiled by the Law Society of South Africa (LSSA) of all the attorneys in the Western Cape who participated in this initiative here.