While many families find themselves conflicted regarding the beneficiary of an inheritance, the next heir to the family house, or a mistress’ child having equal rights to a husband’s estate; legal practitioners will be drawing up Wills for free this National Wills Week.
National Wills Week, an initiative by the Law Society of South Africa (LSSA), is annually celebrated from September 16 until the 20th. The initiative serves to urge publicans to prioritise drawing up their Wills in order to ensure their estate is used efficiently, while protecting the interests of loved ones.
Law firms in the private and public sector will be offering their free services to publicans.
According to Legal Aid South Africa’s provincial executive, Stephen Mofokeng, a Will prevents family feuds, as parties involved received their equal share of the deceased’s estate.
“Having a will is not a bad omen. If you already have a will, take the opportunity to review and finalise your will. Proactively, you will be giving a valuable gift to your loved ones, clarity and peace of mind during a difficult time. Creating a will does not have to be complicated. To ensure that all parties including the executor are clear and to prevent disputes, it is best to keep your will simple and straightforward. Use clear language to avoid mistakes and to simplify the process for your appointed executor,” he said.
For decades, hundreds of people died without drawing up their Wills, which have led to generational family feuds and worst case scenario, death hits, as people try to claim the deceased's estate.
Should a person die without drafting a Will, LSSA indicated a deceased’s estate is distributed according to the provisions of the Intestate Succession Act.
“The provisions of this Act 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 that were dependent on you for financial support,” said LSSA.
The LSSA said not drawing up a Will has major implications on both one’s estate and family members.
“Your assets may not be left to the person of your choice. It can take a long time to have an executor appointed, and the executor who is appointed may be somebody you may not have chosen yourself. Also, there can be extra and unnecessary costs,” said LSSA.
During Wills Week, citizens should bring their ID documents, list of assets owned, names and ID numbers of beneficiaries.
Mofokeng emphasised it is critical citizens appoint a trustable executor who will responsibly oversee their estate.
“Choosing the right executor is also critical, she or he will be responsible for implementing your wishes. Select someone trustworthy, organised, and capable. It is also wise to use descriptive details of the beneficiaries and assets involved as well as full names and identification numbers for accurate identification. This will help prevent any misinterpretation or mistakes in the distribution process,” said Mofokeng.
The Star