HAVE you written your last will and testament?
It is unpleasant to dwell on death but it does happen unexpectedly. We do need to put aside our unease and write down our final plan.
National Wills Week ended last week but all that we know is that 70% of Mzansi adults do not have a will.
This is why lawyers from Norton Rose Fulbright South Africa visited various Mzansi companies. They explained why wills are important and advised people on how to write or draft a will.
According to the Law Society of South Africa, a will instructs others how your assets are to be treated after you die.
Nicholas Ndlovu, an associate at the law firm, said a will is a legal document that records in writing your wishes for what should happen to your possessions after you die.
“The person who writes the will is called the ‘testator’.
“When you hear or read the phrase “the last will and testament” it refers to a will.”
Ndlovu said a will tells others what you have decided to happen to your estate, your family and even your body after you die.
“But if you do not have a will when you die, government decides for you.”
Benefits of a will
- You decide who looks after your children if you die before they reach the age of 18
- Your assets are protected if you leave them to your children and other beneficiaries
- You decide who carries out your wishes and instructions
- You decide how and where you want to be buried or cremated, whether you want to donate your organs to medicine and/or even donate your body to scientific research
While every person is allowed to write their own will, it is a good idea to get a lawyer to look it over in case there is an issue you missed out. Wills may be legally disputed for years over a mistake or misunderstanding. Wills need to be clear in what they state.
Top myths about wills
Wills are for people with money: Wills are not only for the rich. Anyone can draw up a will.
Wills must be secret: A will is legal tool that instructs how your assets and responsibilities must be treated after you die.
While you need to keep your will in a secure place such as a bank safety deposit box or with your lawyer, what you wrote does not have to be a secret.
Wills need special rituals: A will simply needs be signed by the testator – the will writer – and two independent witnesses in each other’s presence. The three need to see each other sign the will multiple times.
Each page of the will needs to be signed as does the final page at the end of the will.
If one or more of you miss signing where you should have, then the will is not legally valid and can’t be used.
