Wills will be done for free this week

Attorneys across SA will be opening their doors to the public to draft basic wills for those who don’t have one.

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Johannesburg - Attorneys across the country will be opening their doors to the public to draft basic wills for those who don’t have one.

National Wills Week from Monday to Friday is a Law Society of South Africa (LSSA) initiative, which encourages people not only to ensure they have a valid will, but also to use qualified attorneys to draft them.

Sandton law firm Knowles Husain Lindsay Incorporated is one of the establishments that will be participating in National Wills Week.

The firm’s Alec Leicher said attorneys were qualified to draft and administer wills and therefore were entitled to charge a person to draft a will. “Banks, for example, don’t charge to draft your will, so they will give you a free will, but will insist they’re the executor,” Leicher warns.

Executors are entitled to 3.5 percent of the gross value of the deceased’s estate.

“An attorney will put the executor as you want it because you’ve paid for his time.”

Having your will drafted by an unqualified person could also lead to disaster if it does not adhere to the strict requirements set out in the Wills Act. “Non-compliance with the Wills Act (means) the Master (of the high court) can’t accept the will. Then everything you’ve put in your will goes out the window.”

In this case, the deceased’s estate will be treated in the same way as someone who died without a will.

Why have a will?

* A valid will allows you to state who should inherit your assets and property.

* You can choose an executor who’ll wind up your estate.

* It’s an opportunity to choose a guardian for your minor children.

* You can state your last wishes.

What happens if you die without a will?

The estate of a deceased person without a will is handled in accordance with the Intestate Succession Act, which states how your possessions must be distributed among your family.

“With a married person with children, the spouse gets a child’s share,” Leicher explains.

“If you have no spouse or children, the money goes to your parents in equal shares. If one parent is deceased, their share goes to that parent’s descendants. Write a will so that the people who you want to have your property, get your property.”

Not having a will also means it could take longer for an executor to be appointed, there could be extra and unnecessary costs, as well as conflict and unhappiness among members of your family because there are no clear instructions on how your assets should be distributed.

Unmarried people with a number of extended family members who depend on them financially should also ensure they have a will in place, as several people could make a claim on their estates, the LSSA says.

How Wills Week works

Attorneys will draft free, basic wills for anyone provided they do not have a complicated estate and trusts.

Take your ID document and a list of what you own and the approximate values with you to your appointment.

Make sure you have an idea of who must get what, who should be the legal guardian of your minor children, and what you want to happen to your body once you’ve died. Also decide who should be the executor of your will, such as an attorney, a close friend or family member.

The appointment will last about 45 minutes.

It’s important to store the original in a safe place and to inform a trusted loved one about where it can be found when you die.

“The original must be given to the Master (of the high court) when you die,” Leicher says.

Visit lssa to find an attorney in your area participating in National Wills Week.

Make a file

Leicher suggests you keep your will in a file or folder along with other documents that might make it easier for the people you leave behind.

This could include a list of your investments, a list of your assets, and contact details of the executor dealing with your will.

“When you die, what happens to your online life?” He suggests saving all your passwords on a secure app and giving the app’s password to a trusted loved one.

“Then put a note in the file (saying): ‘Dad has my passwords, please close down my accounts.’”

A letter of wishes could be included in the file which explains to your heirs why you bequeathed certain items to certain people or how you wish them to use their inheritance.

“This is not a binding legal document, but it explains why you put something in the will,” Leicher says.

gabi.falanga@inl.co.za

@Gabi_Falanga

The Star