Every person over the age of 16 that is of sound mind should have a valid will.
By making a Will, you ensure that your assets are disposed of in accordance with your wishes, after your death. This privilege is called “freedom of testation”.
Attorneys are professionals. An attorney can advise you on any problem which may arise with regard to your Will. An attorney has the necessary knowledge and expertise to ensure that your Will is valid, and complies with your wishes.
Often a Will is not valid because the person who drafts it does not have the necessary legal knowledge, to ensure that the requirements of the law are met.
If you die without leaving a valid Will, your assets will be distributed according to the provisions of the Intestate Succession Act. The provisions of this Act are generally fair and ensure that your possessions are transferred to your spouse and children.
BUT, the following may arise if you die without leaving a Will:
There can be unhappiness and conflict among members of your family, because there are no clear instructions on how to distribute your assets.
Whatever assets you have, you can say what must happen to them.
If you don’t write down what must happen, your things can be sold to someone else to cover any debt that you might have.
The original Will and inventory of your assets must be handed in at the Master’s Office, so that the executor gets an official appointment to work with your belongings.
Anyone over 16 years of age, who writes down and signs a Will, in the presence of 2 witnesses, will be regarded as a valid testament.