Making A Will
writing a will
Many people underestimate the importance of having a valid and up to date legal will. When you die, your estate is divided between your family or the people that you want to have inherit from you. The estate consists of your personal property and possessions, as well as any money or other assets owed by you.
Who your property is passed on to depends on whether you have a valid will or not.
If you have a valid will then the property is divided according to your wishes. If you die without a will (called intestate) then your property will be divided up amongst your immediate family according to the laws of intestate succession.
Why should an attorney draft your will?
Often a will isn’t valid because the person who drafts it doesn’t have the necessary legal knowledge to ensure that the all the legal requirements of the Wills Act are met.
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A practising 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 that it complies with your wishes. An attorney can also advise you on any problem which may arise with your will and assist your executor.
What makes a will valid?
For your will to be valid it needs to be drawn-up in the correct way.You’ll need to be 16 years or older and make sure that:
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You’re mentally competent and that you understand the consequences of creating a will.
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The will is in writing.
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Two people older than 14 years of age witness the making of the will (these witnesses can’t be beneficiaries of the will).
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You have initialled every page of the will and signed the last page, in the presence of the witnesses.
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The witnesses have initialled and signed the will.
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Need help drafting a will? Get tips and legal guidance on how to make a start.
Dying without a will
If you don’t have a valid will when you die, your property is divided according to the provisions set out by the law in terms of the Intestate Succession Act. These provisions are generally fair and ensure 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.
Some problems may arise if you die without leaving a will.
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This can include that:
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Your assets may not be left to the person of your choice.
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It can take a longer time to have an executor appointed.
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The executor who’s appointed may be somebody you may not have chosen.
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There could be extra and unnecessary costs.
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There could be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.
