National Wills Week: The Importance of Drafting Your Will

The alarming reality is that 7 out of 10 adult South Africans die without a will. National Wills Week is an initiative introduced by The Law Society of South Africa several years ago. This initiative highlights the crucial role that wills play and assists South Africans with drafting their will. In this article, we’ll delve into what National Wills Week is, its purpose, and why drafting a will is essential for everyone.

What is National Wills Week?

National Wills Week is observed in South Africa from September 16 to 20 each year. During this week, legal practitioners across the country offer free will-drafting services to help individuals create or update their wills. This initiative is a collaborative effort led by various legal bodies, including the Law Society of South Africa (LSSA) and other related organizations, aiming to make the process of drafting a will accessible to all.

The Purpose of National Wills Week

The primary purpose of National Wills Week is to promote awareness about the importance of having a will. Many people put off drafting their wills due to misconceptions about the complexity or cost involved. National Wills Week seeks to dispel these myths by offering free, professional assistance and providing information on how to prepare a will.

Why National Wills Week Exists

National Wills Week exists to address the high number of South Africans who die intestate—without a valid will. When a person dies intestate, their estate is distributed according to the laws of intestacy, which may not reflect their personal wishes. This can lead to disputes among family members and delays in the distribution of assets. National Wills Week aims to reduce these issues by encouraging individuals to make their wishes known and legally binding through a will.

Capital Legacy has taken the initiative a step further by extending it to Wills Month that runs annually throughout September. Capital Legacy offers in-person, telephonic, or virtual will consultations. They also have an easy three-step online will-drafting tool for people who prefer to draft their own wills.

The Importance of Having a Will

1. Ensures Your Wishes Are Followed: A will allows you to specify how you want your assets to be distributed after your death. This can include dividing your estate among family members, friends, or charities according to your preferences.
2. Minimizes Family Disputes: Having a will reduces the likelihood of disagreements among family members regarding the distribution of your assets. It provides clear instructions, which can help prevent conflicts and ensure a smoother probate process.
3. Appoints Guardians for Minor Children: If you have minor children, a will enables you to designate guardians who will take care of them in the event of your passing. This ensures that your children are cared for by individuals you trust.
4. Streamlines the Probate Process: A valid will simplifies the probate process, which is the legal procedure for administering your estate. It can help avoid delays and additional costs associated with intestacy.
5. Provides Peace of Mind: Knowing that you have a plan in place for your assets and loved ones provides peace of mind. You can rest assured that your wishes will be carried out as you intended.

How to Get a Will

1. Consult a Legal Professional: During National Wills Week, many legal practitioners offer free will-drafting services. Take advantage of this opportunity to consult with a lawyer who can guide you through the process and ensure that your will is legally valid.
2. Prepare Your Information: Before meeting with a legal professional, gather information about your assets, liabilities, and any specific instructions you want to include in your will. This will help streamline the drafting process.
3. Draft and Review: Work with your lawyer to draft your will, making sure all your wishes are accurately reflected. Review the document carefully to ensure there are no errors or omissions.
4. Sign and Witness: Once the will is finalized, sign it in the presence of two witnesses who are not beneficiaries. This step is crucial for the validity of the will.
5. Store Your Will Safely: Keep your will in a secure place, such as a safe deposit box or with your lawyer. Inform your loved ones where it is stored.

National Wills Week serves as a vital reminder of the importance of having a will. By participating in this initiative, you can ensure that your estate is managed according to your wishes, reduce potential disputes among family members, and provide for your loved ones in a structured manner. Take advantage of the free-will-drafting services available during this week and make a plan for your future today.