SELLWANE KHAKHAU
Some law firms and attorneys form across the country have, as of today up until Friday, opened doors to the public for free drafting of their will. This comes as the country celebrates national wills week.
This is an initiative by the Law Society of South Africa (LSSA), which aims to ensure that all people can access professional legal assistance with drafting their will.
An attorney from Oosthuizen Law firm in Cape Town, Meyer De Waal, says it’s important that people are assisted by qualified attorneys when drafting this important document.
“quite often, people are intimidated to go to attorneys, and would rather download documents from the internet or buy one from a local news stand, and try to draw up their own will,” he says.
He says people can draw up a will from mas early as 16 years of age.
Any person over the age of 16 can draw a valid will. They will be required to bring necessary documents such as their identity document, a list of your assets, and your liabilities.
He added that Interested people can visit the website www.Lssa.org.za for information regarding participating law firms within their respective areas.
Legalzoom.com explains the importance of having a will and what happenes when someone dies without a will.
If you die without a last will (known as dying "intestate"), the state will decide how your property is distributed. In community property states, this means that your community property will be given to your spouse (or domestic partner in some states).
Separate property will generally be distributed according to these rules, with variations depending on state law:
If you have a spouse or domestic partner, he or she will receive:
§ All of that property, if you leave no children, descendants of a deceased child, parents, siblings, nieces, or nephews
§ Half of that property, if you leave one child or children of one deceased child
§ One-third of your property if you leave two or more children, or one child and descendants of one or more deceased children
Any property that is not given to your spouse will be distributed to the following people, in this order:
§ Your children, or if they are not alive, their children
§ Your parents
§ Your brothers and sisters or, if they are not alive, their children
§ Your grandparents or, if they are not alive, their children (i.e., your uncles and aunts)
§ The children of your deceased spouse
§ Any relatives of your deceased spouse
§ The state of your legal residence
