Have you been recently divorced or widowed? Have you bought a new home? Have you been cohabitating with your partner for some time? Do you have a number of people that depend on you financially every month? If so, it is advisable to have a legally sound will
to ensure that there are not competing claims on your estate when you pass away.

As has become tradition over the past few years, members of the public will be able to have a basic will drafted by an attorney free of charge during National Wills Week from 16 to 20 September 2019. Attorneys’ firms throughout the country are participating in the National Wills Week project.

‘If you are a parent, a breadwinner, a homeowner and generally want to ensure that your affairs are in order, it is important that you have a valid will drafted by a professional. A valid will allows you to state your last wishes, who should inherit your assets and property, to appoint an executor of your choice for your estate and also a guardian for your minor children’, says Law Society of South Africa (LSSA) President, Mvuzo Notyesi.

‘By ensuring that you have a valid will, you as the testator, can protect the interests of your loved ones and ensure that there is no delay in settling your estate after your death. It also ensures that your executor will act according to your wishes as set out in your will. A valid will allows you to state who should inherit your assets and property, to appoint an executor of your choice for your estate and also a guardian for your minor children,’ adds Mr Notyesi.

During National Wills Week from 16 to 20 September 2019, 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.

What you should take to the attorney for your will to be drafted
• Your ID document
• A list of what you own (including specific personal items that you wish to bequeath to specific people)

Before you go to the attorney, think about
• Who must get what?
• Who should be the legal guardians of your minor children (those under 18)?
• Who should be the executor of your will? This could be your attorney or a close family member or friend. If you decide on a family member or friend, it is advisable also to nominate the attorney as co-executor as the attorney will deal with any legal issues.

Why should an attorney draft your will?
A practising attorney has the necessary knowledge and expertise to ensure that your will is valid by complying with all the legal requirements in the Wills Act and also that it complies with your wishes. An attorney can also advise you on any problem which may arise with your will and assist your executor. Often a will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure that all the legal requirements of the Wills Act are met. These include the fact that the will must be in writing, it must be signed by the testator in the presence of at least two competent witnesses, and also signed by the witnesses.

What could happen to your estate if you die without a valid will?
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.

But, the following problems 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 executor who is appointed may be somebody you may not have chosen yourself.
• There could be extra and unnecessary costs.
• There could be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.

Where to find an attorney to draft your will:
The contact details of attorneys participating in the National Wills Week project can be accessed on the LSSA website at www.LSSA.org.za.

ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
LSSA Communications:
Nomfundo Jele nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344

 

The Law Society of South Africa (LSSA) welcomes the decision by President Cyril Ramaphosa to withdraw South Africa’s signature from the 2014 Protocol on the Southern African Development Community (SADC) Tribunal in compliance with the Constitutional Court ruling.

In March 2015, in Law Society of South Africa and Others v President of the Republic of South Africa and Others, the LSSA launched an application in the High Court to declare the actions of former President Jacob Zuma as well as the Ministers of Justice and International Relations and Cooperation in voting for, signing and planning to ratify the SADC Summit Protocol in 2014 as it related to the SADC Tribunal, to be unconstitutional.

The 2014 Protocol deprived citizens in the SADC region – including South Africans – of the right to refer a dispute between citizens and their government to a regional court if they failed to find relief in their own courts. By signing the 2014 Protocol, former President Zuma infringed the right of South African citizens to access justice in terms of our Bill of Rights. The 2014 Protocol limited the jurisdiction of the SADC Tribunal to disputes only between member states – and no longer between individual citizens and the SADC member states – in the SADC region.

In March 2018 the Gauteng High Court: Pretoria, declared the President’s participation in the suspension of the operations of the SADC Tribunal and his signing of the 2014 Protocol to be unlawful, irrational and unconstitutional. The Constitutional Court confirmed this constitutional invalidity in December 2018.

The SADC tribunal is supposed to be a body that allows member states, and citizens access, should internal remedies fail them, but in 2014 when former Zimbabwe President Robert Mugabe did not want farmers who lost their farms to seek relief there, he convinced other states to sign a protocol that would prevent individuals from going to the tribunal.

‘The LSSA could not sit by silently and let this happen as we strongly believe in enhancing access to justice, which includes access to the courts. We are elated that our efforts were not in vain. The SADC summit in Tanzania noted South Africa’s withdrawal in compliance with the ConCourt ruling’, says LSSA President Mvuzo Notyesi.’

ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
LSSA Communications:
Nomfundo Jele nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344