The Law Society of SA (LSSA) is running a campaign to mark National Wills Week and you can have your last testament drafted at any of the participating firms for free.

All you have to do is to call participating attorneys and make an appointment.

Contact details and addresses of all participating attorneys can be accessed on the LSSA website at www.lssa.org.za

What you should provide to the attorney for your will to be drafted:

• Your ID document
• A list of what you own (including specific personal items you wish to bequeath to specific people).

  Before the consultation with your attorney, think about:

• Who must get what?
• Who should be the legal guardians of your minor children (those under 18)?
• Who should be the executor of your will? This could be your attorney, close family member, or friend. If you decide on a family member or friend, nominating the attorney as co-executor is advisable as the attorney will deal with any legal issues. The executor must be approved by the Master of the High Court.

  Why should an attorney draft your will?

A practicing attorney has the necessary knowledge and expertise to ensure that your will is valid by complying with all the legal requirements in the Wills Act and also that it complies with your wishes. An attorney can advise you on any problem that may arise with your will and assist your executor.

Often, a will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure that all the legal requirements of the Wills Act are met. These include the fact that the will must be in writing; it must be signed by the testator in the presence of at least two competent witnesses and signed by the witnesses.

What could happen to your estate if you die without a valid will?

Your assets will be distributed according to the provisions of the Intestate Succession Act. These provisions 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.

The following issues may arise if you die without leaving a will:

• Your assets may not be left to the person of your choice;
• It can take a longer time to have an executor appointed. The appointed executor may be somebody you may not have chosen yourself;
• There could be extra and unnecessary costs; and
• There could be unhappiness and conflict among family members because there are no clear instructions on how to distribute your assets.

– Law Society of SA