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Every person needs a Will

If you are one of the 70 percent of South Africans who do not have a will, read on >>

Between half and two-thirds of South African adults do not have wills. Do you need one? Only if you answer yes to any of the questions below:

  • Do you care who gets your property when you die?
  • Do you care who gets your money when you die?
  • Do you care who is appointed guardian of your minor children when you die?

Who needs a will?

Wills are not just for the rich. Regardless of how much or how little money you have, a will ensures that whatever personal belongings and assets you have will go to family or beneficiaries whom you designate.

Without a will, the court makes these decisions.

If you have children, a will is a must, to ensure that you get to choose your children's guardian.

Few people plan to die in the near future, but if you die suddenly without a will, you'll be subjecting your family and loved ones to confusion and anxiety at what is already a difficult time.

There are other benefits to having a will, including tax benefits.

Do you need a lawyer?

For most people, a will is easy to produce and can even be prepared by using legal software.

If you have a more complicated estate, or you are not comfortable using software for the more complicated documents, it is best to consult a lawyer.

How do you get started?

At a minimum, a will should do the following: appoint a guardian if you have minor children, appoint an executor to administer your will when you die and spell out specifically how you want your property distributed.

The first step in deciding how you want your property distributed is gathering information. You will need the following:

  • Names, addresses and birth dates for you, your spouse, your children, proposed guardians and executor of your estate.
  • Amounts of all debts, including mortgages, car loans, student loans, business loans and credit card accounts.
  • Copies of existing wills, trusts, divorce decrees, prenuptial agreements and any other legal documents that might affect a will.
  • A list of assets, including detailed information about the following:

- Real estate;
- Savings (bank accounts, money markets);
- Investments (stocks, bonds, mutual funds);
- Life insurance policies (Retire annuities, pension fund);
- Ownership interest in a business;
- Cars, boats and other vehicles;
- Jewellery;
- Collectibles;
- Artwork;
- Furniture;
- Other personal property.

If you decide to draw up your own will using software, sit down in front of your computer with all of the above information and in a few hours you can produce a will that is legal in your state.

Be sure to follow the software's instructions on having your will signed and witnessed.

If you feel more comfortable having a lawyer do it, take the above information with you to your appointment.

The best will will not be any good if nobody knows where it is so make sure your family and your executor know where your will is kept.

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