Maroc - dailynews.co.za - News - 09/Sep 12:14

Why every South African should consider drafting a will

A will is an act of love rather than a legal process. It is what you leave as your legacy for your children and your spouse, thus people should sort out their estates before it is too late.This is according to Ayanda Mboto, a director at the law firm Kloppers Inc, who points out that  according to statistics provided by the Master of the High Court of South Africa, less than 15% of South Africans have wills in place when they die. This often leaves a legacy of confusion and frustration or even protracted and expensive court battles for those left behind.As a young professional and single parent, Mboto believes that the Legal Practise Council’s National Wills Week the entire next week is the perfect opportunity to educate an emerging generation of South Africans about the importance of wills. From millennials (between 29 and 44) to generation Z (between 13 and 28), you are never too young to not know about the importance of wills, she says. A will becomes a necessity from as early as one’s twenties, as many South Africans still get married young.Mboto explains that it is a fallacy that wills are only for the rich and that drafting a will is extremely expensive. That’s why the Wills Week campaign is so important. “People don’t have to pay for a will – but a will is an important part of people’s  lives”.Having a will in place is most important for single parents, not because of the distribution of assets, but because of issues around guardianship. “Your child doesn’t automatically go to an ex-spouse. Leaving a will is very much about active care,” she says.Mboto, a wills specialist and managing director of deceased estate department at Kloppers’ Durban branch, points out that according to the Human Sciences Research Council, more than 60% of children in South Africa grow up in single parent households.“We may take it for granted that the family will take over. In reality, it doesn't happen like that. You need to have that discussion with your family. Put it down on paper that your mother or your sister or another specific individual will step in,” she advises.A single parent passing away without a will can create chaos, she warns. Schools and medical service providers demand involvement from legal guardians – but a court order is needed to appoint one. Without one, the child left behind risks being placed in foster care or a home.Mboto believes that apart from simply failing to address critical aspects of financial planning, many people also put off drawing up wills because they are intimidated by the complex legal jargon.She says it is important to nominate an executor because you need somebody to be in charge. “In the case of married couples, it makes sense to nominate your spouse as executor or co-executor. They can then work together, challenge decisions, request payments and make sure that they are made”. During National Wills Week participating attorneys across the country will draft Wills free of charge, saving people thousands of rands. Mariska Redelinghuys, legal specialist at PSG Wealth meanwhile explained that legislation allows for an individual to draft a will from the age of 16. “Even if you don’t own a car or property, you may have other assets that must be administered. Something like the balance on your bank account – or current account – is considered an asset and will therefore be part of your estate. If you pass away intestate – without a will – your estate will be distributed according to South Africa’s intestate succession laws, and not according to your wishes,” she warned.zelda.venter@inl.co.za