“Life is short, there is no time to leave important words unsaid.” (Paulo Coelho, Author)
Having “the last word” is defined as having “the final decision-making power or authority in a matter.”
South Africans have the right to have the last word about how their assets are disposed after their passing – but exercising this right requires a well-drawn and up-to-date will … a job that is best left to the professionals.
Sadly, estimates suggest that as many as 70% of South Africans do not have a will. This means that someone else – perhaps, even, a total stranger – will get the last word on important decisions that significantly impact those who are left behind.
If you die without leaving a valid will…
- Unhappiness and conflict among family members are common when there are no clear instructions on how to distribute your assets.
- Your belongings and assets will instead be distributed according to our laws of intestate succession. This means that you have lost your opportunity to decide who will inherit what from you. For example, your spouse may inherit a lot less than you wanted them to.
- The Master of the High Court will appoint an executor without knowing your wishes in this regard. This takes a long time, may involve extra and unnecessary costs, and possibly leaves your family to deal with a stranger who has no insight into your family situation or your wishes. This only adds to your family’s burden in the aftermath of your death.
- If you have minor children, the assets you leave behind will be sold and the proceeds will be held by the Guardian’s Fund until they are 18. Not only are there concerns over the Fund’s resilience to cyber threats and general administration, but its generic investment strategy is unlikely to achieve anything more than minimal capital growth. Your children’s guardians will also have to justify withdrawal requests to fund expenses (living, educational, medical etc.) – a slow and bureaucratic process.
How to draw up a will?
While it is legally possible to draft your own will, we strongly urge you to consult us when preparing this vitally important document. Drafting your own will is fraught with danger. Not only may it be invalid, but it might result in your last wishes not being fully honoured. What’s more, there’s a strong chance of it risking estate planning and tax inefficiency.
We can provide reliable advice regarding problems which may arise regarding your will. And we have the necessary knowledge and expertise to ensure that your will is valid and complies with your wishes.
Got any questions about estate planning? Ask us!
Disclaimer: The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact us for specific and detailed advice.
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