national wills week

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National Wills Week: This is how you can get one drawn up for free

This week, South Africans have the opportunity to have their last will and testament drawn up for free.

national wills week

Photo: Pexels.com

Thanks to the Justice and Constitutional Development Department, as well as the law firms that belong to the Law Society of South Africa, people can have their wills drawn up in honour of National Wills Week.

What is National Wills Week all about?

National Wills Week is an event organised by the Law Society of South Africa, in collaboration with the Justice and Constitutional Development Department, that takes place this year between 16 and 20 September.

The purpose is to highlight the importance of having a will (freedom of testation), an official document that ensures that “your assets are disposed of in accordance with your wishes after your death.”

Most South Africans do not have legal representation and thus do not have the privilege of having a will drawn up to protect their assets after their death.

According to the Law Society of South Africa, not having a valid will relinquishes your right to have a say about what ought to be done about the things you leave behind.

“If you die without leaving a valid will, your assets will be 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.” cite Law Society of South Africa.

However, these are the problems you are likely to encounter if you die without leaving a will:

  • Your assets may not be left to the person of your choice.
  • It can take a long time to have an executor appointed.
  • The executor who is appointed may be somebody you may not have chosen yourself.
  • There can be extra and unnecessary costs.

This is how you can get a will drawn up for you, free of charge

In a bid to raise awareness on the importance of freedom of testation, on National Wills Week, South Africans can get a basic will drawn up at no cost at all.

According to Jennifer Anthoo, from Anthoo Marion and Associates, a law firm in Pietermaritzburg, KwaZulu-Natal, people interested in getting their wills drawn up for free can either go to the Master of the High Court or to any law firm in the country.

Anthoo, quoted in a recently published Witness article, explained that before you approach a firm, you should consider:

  • the name of the executor (a person responsible for making sure your money or property is distributed according to your wishes); and
  • the name of a trustee or guardian in the event of minor children.

This is what you will need to bring along with you:

  • An ID document (and for your spouse if you have a joint will).
  • A list of your specific assets (both movable and immovable).
  • A comprehensive list that states who should get what.