Get your will drafted for free by an attorney during National Wills Week: 17 to 21 September 2018
‘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’, say Law Society of South Africa (LSSA) Co-Chairpersons, Mvuzo Notyesi and Ettienne Barnard.
If you were married, divorced or widowed recently, or you have started cohabitating with your partner or have bought new property you must have a will. Similarly, unmarried persons – particularly those who may have a number of people and extended family members who depend on them financially – should ensure they have a will in place, as several people could make a claim on their estates.
‘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,’ add Mr Barnard and Mr Notyesi.
During National Wills Week from 17 to 21 September 2018, attorneys participating in the National Wills Week 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 or by contacting the relevant provincial law society.
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.
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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.
Alternatively, call the relevant provincial law society: For attorneys in –
• Gauteng, Mpumalanga, Limpopo, North West call the Law Society of the Northern Provinces at (012) 338 5800;
• the Western, Eastern and Northern Cape call the Cape Law Society at (021) 443 6700;
• Free State call the Law Society of the Free State at (051) 447 3237;
• KwaZulu-Natal call the KwaZulu-Natal Law Society at (033) 345 1304.
• Or call the Law Society of South Africa at (012) 366 8800.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Ros Elphick – ros@LSSA.org.za Tel: (012) 366 8800 or 083 655 7163
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800 or 079 972 0072
Get your will drafted for free by an attorney during National Wills Week: 17 to 21 September 2018
Law Society welcomes Constitutional Court judgment on National Director of Public Prosecutions
The Law Society of South Africa (LSSA) welcomes the judgment by the Constitutional Court rectifying the unconstitutional actions and legislation relating to the Office of the National Director of Public Prosecutions (NDPP).
‘The LSSA urges President Ramaphosa to act expeditiously to appoint a National Director of Public Prosecutions. It is critical for the President to act speedily and judiciously to ensure that, going forward, the independence, integrity and credibility of the National Prosecuting Authority and our criminal justice system are restored. This is one of the cornerstone institutions that supports our democracy and the people of South Africa. Our prosecution services are at the heart of the criminal justice system and carry the expectations for justice of the victims of crime in our society. They are also a mirror of our criminal justice system to the outside world,’ say LSSA Co-Chairpersons Mvuzo Notyesi and Ettienne Barnard.
The LSSA also welcomes the Court’s declaration that the National Prosecuting Authority Act permits the suspension by the President of an NDPP and Deputy NDPP for an indefinite period and without pay, is unconstitutional as well as other sections of the Act. The LSSA urges Parliament to amend the legislation speedily and to take into account the interim remedy proposed by the Court that the period from the time the President suspends the NDPP or a Deputy NDPP to the time she/he decides whether or not to remove the NDPP or a Deputy NDPP shall not exceed six months.
The Co-Chairpersons further add that the process of appointing the new NDPP should be transparent and motivated by the candidate's commitment to the Constitution, the independence of the prosecutorial institution and accountability to the public in terms of the law. The process should not be tainted with political influence and membership or partisanship, which has throughout characterised such appointments.
The LSSA accepts that the President is alive to these challenges and notes that he has committed himself to fight corruption.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Ros Elphick – ros@LSSA.org.za Tel: (012) 366 8800 or 083 655 7163
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800 or 079 972 0072
Law Society welcomes Constitutional Court judgment on National Director of Public Prosecutions
Law Society welcomes Constitutional Court judgment on National Director of Public Prosecutions
Law Society calls for accountability for unconstitutional and unlawful immunity for Dr Grace Mugabe
Law Society calls for accountability for unconstitutional and unlawful immunity for Dr Grace Mugabe
LSSA Advisory: Cybercrime: Business email compromises
Law Society calls for respect and dignity during service delivery protests.
Law Society calls for respect and dignity during service delivery protests
‘The LSSA supports the rights of citizens and inhabitants of South Africa to protest peacefully. We also recognise that the majority of service delivery protests are, in fact, not violent. However, the LSSA considers the random looting of shops and the burning of public and private buildings a grave injustice to all people, and a serious breach of the rule of law,’ say LSSA Co-Chairpersons Mvuzo Notyesi and Ettienne Barnard.
They add: ‘The LSSA urges all people to protest peacefully and with dignity; that includes respect for the rule of law and respect for others’ lives and property, and not to take the law into their own hands. In addition, the LSSA calls on Government to take urgent steps to ensure that citizens and their property are properly protected during protest action.’
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Ros Elphick – ros@LSSA.org.za Tel: (012) 366 8800 or 083 655 7163
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800
Editor’s note:
The Law Society of South Africa brings together its six constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – in representing South Africa’s 25 200 attorneys and 5 700 candidate attorneys.
