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National Wills Week takes place every September the initiative is taking place between the 12th – 16th September.
This was introduced by The Law Society of South Africa (LSSA) and supported by many legal firms across the country is intended to encourage South Africans to do the responsible thing by drafting a will, especially if they have dependents.
The LSSA encourages attorneys to participate by offering their professional services freely for one week. No doubt your inbox will be filled with “Free Will” offerings from various participants.
Here we explain what it involves and how you can take advantage of the service.
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What is Free Wills week?
Few things are free these days but every year the LSSA affords the opportunity for South Africans to get a free will drafted by participating attorneys at no charge.
The LSSA says it’s important to have a will so you can ensure that your assets are disposed of the way you’d want them too. Too many people die intestate (without a will) and in doing so they risk having the courts decide on what to do with their assets.
The LSSA highlight that the following could happen without a will:
- Your preferred family member, friend or organisation of your choice may not inherit your estate
- It can take a long time to appoint an executor if one hasn’t been chosen by you.
- There can be extra and unnecessary costs.
Complex cases
Commercial law attorney PJ Veldhuizen of Gillan and Veldhuizen Inc., stresses that scenario planning is of the utmost importance when drafting a will and advises that you should consult with an attorney and carefully explain the composition of your family and what your wishes are for when you pass away.
He also warns that the danger of accepting a free will service. He warns that putting a will together and succession planning can be a complicated matter even in a simple family structure and by not having a concrete plan can lead you to debilitating legal issues down the line.
Modern family dynamic
Modern families, he explains, are particularly vulnerable especially if there are ex-spouses, stepchildren and half siblings. The complexity of your family situation may want you to put estate planning off, but this is the wrong thing to do.
‘We’ve had many a distraught successor or confused partner in front of us dumbfounded by the outcome of the division of a loved-one’s assets in a deceased estate,’ says Veldhuizen.
He goes on to explain that it is common for spouses to leave their estate to the other partner, but when you throw in children from previous relationships and the importance of fair treatment it makes things a lot more complicated.
LSSA support
Veldhuizen is supportive of the LSSA’s initiative, but he suggests a free service should only be done for the most basic wills. He points to some of the bigger challenges that some need to consider such as whether an inter-vivos (while you are living) trust structure prior to death would be best or if you should you opt for a testamentary trust.
Then careful consideration must be given to hiring the right executor and trustees. These jobs aren’t simple, can take time and shouldn’t be awarded to anyone.
Veldhuizen adds: ‘Sometimes the toughest part is having the discussion with your spouse or partner and agreeing on a solution, so this is often best done with your attorney, who can explain the processes of executorship and the time considerations of winding up your estate.
‘It is most useful for couples to consult a legal practitioner or specialist estate planner to cover all possible solutions and outcomes. It honestly requires a what-if approach, and often an independent facilitator is the best person to assist.
‘There is much to consider in the drafting of a will and for many families, these matters are not as simple as a cut and paste template or a ‘do-it-yourself’ version.’
