In light of National Will Week, multiple law firms have taken it upon themselves to make a difference in assisting their communities.

National Will Week seeks to create awareness on the importance of having a will, in case of accidents, for everyone who has assets or specific wishes once they pass away.

“You can make important requests in your will,” said University of the Free State law practitioner, Christopher Rawson, “such as who should be responsible for administering your estate, how your assets should be shared between your surviving beneficiaries, appointing a legal guardian for your children, and any specific funeral or burial requests.”

‘Passing away without a will can cause many issues’

If one passes away without a will, the Intestate Succession Act indicates how the surviving relatives will share the remaining assets. Although the Intestate Succession Act tries to share your assets fairly, it might be against what you would have intended.

“Unfortunately, the Intestate Succession Act does not follow customary laws and there are many disputes between family members regarding their homes. Passing away without a will can cause many issues, including delaying the administration of your estate and causing fights and conflict among your family members.”

The common misconceptions about having a will include: 

• Only rich and older people need wills.
• Wills are expensive to draft.
• My divorce will automatically change my will.
• The executor will administer my estate according to my will.

However, this is not the case, as a will deals with more than just your assets, it deals with your funeral arrangements and what you would like to happen after your passing.

‘Anyone above the age of 16 may have a will’

“Drafting a will can be costly, and a few legal requirements exist for a valid and enforceable will. Many pro bono organisations, like the UFS Law Clinic, can assist you in drafting a will free of charge. Some financial institutions, like your bank, can also help you draft a will.”

Anyone above the age of 16 may have a will. However, a will is more important for anyone with dependents such as a spouse, children, or family members.

“If you get divorced, you have three months to change your will. If you do not change your will, the assumption is that you intended your ex-spouse to benefit from your deceased estate.”

‘The initiative helps ensure that more people are protected’

National Will Week is a campaign to raise awareness about the importance of a valid will. During this week, participating legal practitioners offer free basic will drafting to make it accessible to more South Africans.

The initiative helps ensure that more people are protected and that their estates are handled according to their wishes. The initiative also aims to educate and empower communities nationwide to take control of their financial affairs.

OFM News/Casey-Lee Anthony cg