
The LSSA National Wills Week will be held from 12 to 16 September 2022.
A will means you have the final say about where your assets go when you’re gone, but according to Sanlam research, 75% of black South Africans do not have one, and this can have a huge impact on spouses and adopted children.
Editorial Note: We earn a commission fro partner links on Money Unscripted blog. Commissions do not affect our editors' opinions or evaluations.
For a will to be considered valid it must; be a written document, contain a clause revoking all your previous wills, be signed by you, the testator, on each page and witnessed by two competent witnesses over the age of 14 who are not beneficiaries in the will.
Why You Need a Will
Many people wonder if they really need a will. They may think that they don’t have enough assets to bother with a will. Or that they don’t need a will because they’re not yet elderly. However, a will is a good idea for just about everyone.
What Exactly Does a Will Do?
If you die without a will, the state will decide who gets your property. If you die without leaving a valid will, your assets will be distributed according to the provisions of the Intestate Succession Act.
These provisions are generally fair and ensure that your possessions are transferred to your spouse and children, and where applicable, to siblings, parents, and if required, then to the extended family in terms of degrees of relationships and those that were dependent on you for financial support.
Why Should You Have a Will?
1. Wills Can Name Specific Inheritors for Specific Property
Most people know that a will lets them decide who will get their property. As the testator, you can name people as beneficiaries for specific assets. You can also name beneficiaries for any property that you don’t list — the “residuary” of your estate. When your executor handles your will, they’ll be in charge of distributing these assets.
2. Wills Name a Guardian for Your Minor Children
If you’re a parent, you can use your will to nominate a guardian for your minor children. The surviving parent will usually get sole legal custody if one parent dies. But if both parents pass, this is one of the most important reasons to have a will.
A guardian will be responsible for all your children’s daily needs, including food, housing, health care, education, and clothing. And if you don’t nominate a guardian in your will, a court will have to choose one for you. This could mean that someone you would not have chosen will be raising your kids.
Read:What I learned from being a parent
3. If You Want to Disinherit Someone, You’ll Need a Will
Disinheritance means that someone who would otherwise expect to receive assets from an estate is left out of the deceased person’s will or trust.
The basis for disinheriting someone comes down to clarity. You want to be explicit about your intentions – and ensure your documents are valid and properly drafted – so there can be no dispute over how your estate is handled.
4. You Can Name an Executor in Your Will
This person makes sure your will is carried out, so choose an executor carefully. A neutral party rather than a family member generally is a better idea, if for nothing more than to preserve family harmony during a difficult time. Make sure your executor is a responsible person and has enough time to devote to the task.
5. A Will Makes the Probate Process More Simple
Without a will, the court has to name an administrator to administer your estate. And this can be time-consuming, expensive, and even contentious for your loved ones.
6. Provide funeral instructions
You may not want to think about your own funeral. But if you do think about it now, and leave instructions with your will, you can lessen the burden on your loved ones after you pass. While these instructions aren’t legally binding, they can give your executors and loved ones some guidance on your wishes.
When you include instructions, you can name a funeral executor to manage the process, give suggestions for the service and location, make requests for your final resting place, and more.
Read: What is dread disease cover
Have you heard of Episodic Health? Episodic gives you the power of choice. Build your plans to fit your needs and budget. Health & Life Insurance
Designed by You
What happens if I die without leaving a will?
The following issues may arise if you die without leaving a will:
- Your assets may not be left to the person of your choice.
- It can take a longer time to have an executor appointed. The appointed executor may be somebody you may not have chosen yourself.
- There could be extra and unnecessary costs.
- There could be unhappiness and conflict among family members because there are no clear instructions on how to distribute your assets.
How do I draft a will?
It is possible to draft a will yourself according to widely-sold templates, as long as it meets certain legal requirements. However, if your will involves factors like the complicated distribution of assets, extended family or beneficiaries, the naming of guardianship, or dependents or spouses from multiple marriages, it is recommended to get help from a financial advisor, legal advisor, or trusted company.
LSSA’s National Wills Week
The LSSA’s National Wills Week campaign allows the public to have a basic will drafted by an attorney free of charge from September 12 to 16.
The contact details and addresses of all participating attorneys can be accessed at www.lssa.org.za
Once you have located a law firm closest to you, give them a call and set up an appointment directly with them.
During the LSSA National Wills Week, attorneys participating in the initiative will display posters with their contact details so that members of the public can make appointments with attorneys in their area. In addition, the contact details and addresses of all participating attorneys can be accessed on the LSSA website at www.lssa.org.za
You can create a will online or use the software on your own. It can be done in a couple of hours.

We offer eight free personal finance courses. Enroll for FREE