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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2018-09-21

Get Your Will Drawn Up For Free

It's National Wills Week and this means that you can get your will drawn up for free if you go to any participating law firm across the country in this week. This annual event allows members of the public to get a simple will drawn up for free.

Our law firm is happy to provide a simple will to you at no charge in the week of 17 to 21 September 2018. Please note that we can only see you by appointment. The offer is for a basic will only and does not include amending or updating an existing will or testamentary trust. Having a properly drawn up valid will cannot be over emphasized.

The reasons why you need to have a valid will are manifold. Often people mistakenly believe that if they are married in community of property, it's not necessary to make a will as the surviving spouse will inherit their assets.

The reality is that even if you are married in community of property, and you die without leaving a will, your half share of your estate will not automatically go to your surviving spouse. The laws of intestate succession immediately applies and your blood relatives as set out in the Intestate Act will be entitled to inherit from your estate.

This could mean that relatives, whom you may not want to benefit, now stand to inherit from your estate. In terms of the Wills Act, there are formalities which must be complied with otherwise, upon your death, your will may be found to be invalid. If your will is declared to be invalid, the laws of intestate succession will apply and your assets may be distributed in a way that's different to what you had wanted.

It's a good idea to bring along your relevant documents, including: identity documents; a list of your assets; details of whom you wish to appoint as guardian and executor of your estate. You should also think about who you intend leaving your assets to and how your estate should be divided.

The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney.

Email fawzia@thelawdesk.co.za or call 031 - 502 5670 for legal assistance at competitive rates.