“I bequeath my sneaker collection to…” is not a far-fetched thing to have in your will.
It’s that time of year when law firms around the country offer free services to those who need wills.
Wills Week falls between 11 and 15 September.
Drum sits down with legal eagles who explain what you can stipulate in your will.
Ayanda Gwabeni of Majali Gwabeni Attorneys says the biggest things people usually put in their wills are their assets and instructions about what to do with their remains.
“Anything that can be lawfully dealt with can be in your will. You cannot leave your neighbour’s cattle to your son because they are not yours to bequeath.
“These are your last wishes, and you can say anything. From the hymns at the service, the food to be served and you can even attach a copy of your funeral programme to your will.”
He says this is obviously dependent on the surviving people to carry out the said wishes.
“The biggest things in the will are usually houses, cars and the instructions about the remain, but you can bequeath anything including jewelry, clothes or weaves.”
He says the black community still has not realised the importance of having wills.
“People think things will go the way they want naturally and then their families end up in court. Also, married people also tend to think the surviving spouse will handle everything on their behalf. It does not help married couples to assume there will be a surviving spouse. That is why it is also important to have a joint will in the event both parties die together or within a certain period of time apart.”
Anyone who is over 18 years and mentally capable to handle their affairs can make a will.
Zincedile Tiya of ZM Tiya Incorporated Attorneys says even the little that one has is an estate.
“And also, one can acquire assets after death like a payout from RAF after your death or policies with no beneficiary or benefits from work are part of estate.”
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He says while anything can be bequeathed, the items have to have a value.
“You can include them (clothes, weave, jewellery or shoes) but preferably assets that have value as there are costs implication if you include everything that can easily be devolved into heirs without being reported as an estate. (Costs implications are increasing administration costs for winding up estate).
“One can keep the will with someone whom the testator/testatrix can trust and can be able to disclose the will once testator has passed on. Also, someone who will be able to know when one has passed on and report the will as it defeats the whole purpose of having a will if it is never brought to the Master of High Court for acceptance.”
