National Wills Week sees participating attorneys offering complimentary basic will drafting services. The Western Cape Department of Infrastructure is calling upon all its housing beneficiaries to make the most of this opportunity by having their wills drafted for free between 11 and 15 September.
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The transfer of property ownership can often become intricate and emotionally charged when a housing beneficiary passes away, frequently resulting in disputes among family members. To mitigate these challenges and promote clarity, responsibility and empowerment, the Department strongly urges all housing beneficiaries to take advantage of the free will drafting services during National Wills Week.
A valid will provides peace of mind and ensures that assets are managed in accordance with the intentions and wishes of the housing recipients.
‘We have many instances where family members request the Department to intervene and direct homeownership 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 Ms Jacqueline Gooch, Head of Department.
Having a legally prepared will is not just a procedural requirement; it constitutes a crucial measure to guarantee that the desires and intentions of housing beneficiaries are honoured and executed in line with their vision.
Without a will in place, your residence and assets are distributed according to the Interstate Succession Act, potentially leading to outcomes that diverge from your preferences. This can result in delays, potential conflicts among family members, and heightened emotional strain during what is already a trying period.
Some of the consequences of not having a will include:
- Not having control over who inherits your home.
- Your partner may be left with nothing if you are not married.
- Family members may argue or disagree regarding your final wishes.
- It can take years to wind-up your Estate.
To facilitate a smoother transfer of property ownership and circumvent potential challenges, Western Cape residents are encouraged to avail themselves of the valuable opportunity to have their wills drawn up during National Wills Week.
By endorsing this initiative, the Department aims to empower housing beneficiaries to make well-informed decisions and provide peace of mind for their loved ones.
While it is feasible to create your own will, seeking assistance from a legal professional or financial advisor is advisable.
To locate Western Cape Attorneys participating in National Wills Week 2023, residents can reach out to the Law Society of South Africa at 012 366 8800 or via email at [email protected]. Alternatively, please visit www.lssa.org.za.
Before getting in touch with an attorney, it is helpful to compile a list of your assets and contemplate the beneficiaries of your estate. Additionally, consider appointing an Executor, which could be an attorney, a family member, or a close friend, for example.
Western Cape Minister of Infrastructure, Tertuis Simmers, added, ‘The security of tenure remains a priority of the Western Cape Government. Thus educating, the citizens on the significance of a will is an absolute necessity. The well-being of households who don’t possess a will remains at risk of losing their esteemed assets. I therefore encourage our citizens to take advantage of this opportunity presented by the Law Society of South Africa.’
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