Why make a will?

A will is a way of making sure your assets are distributed to your loved ones after your death in the way you would like. If you die without a will (known as “intestate”), the law will divide your estate according the Rules of Intestacy and your wishes will be irrelevant. In your will, which is a legal document, you define what happens to your estate, which includes your home (if you own it), your savings and investments, and your personal possessions.

Children and guardianship

If you are a parent of a minor child it is particularly important to have a valid will. In addition to ensuring your assets are distributed according to your wishes, your will sets out your intentions for the care of your children should you die before they reach 18. If you are married the surviving spouse will retain custody, but you must make provision for your children’s welfare should something happen to the pair of you, a tragedy which, thankfully, is extremely rare. The nomination in your will of a legal guardian will spare your children the trauma of being made wards of court while a guardian is appointed.

If you are a single parent it is all the more critical to name a guardian, particularly if you have reason to believe the non-custodial parent would not be a suitable full-time caregiver. It is important to sit down with family members or close friends, as appropriate, and agree how your children will be looked after in the event of your untimely death.

Unmarried couples

If your life partner dies without leaving a will, you have no automatic rights to half the estate. There are two ways you can protect your partner and yourself from being financially compromised by the other’s death: a cohabitation agreement and a will. We recommend both. A cohabitation agreement is a relatively simple contract that includes details of a couple’s assets, property and the financial contributions each partner makes to the joint home. It is valid when ratified by an appointed lawyer. A will specifies your precise wishes regarding your asset distribution following your death (for example, you may want to be sure your partner remains in your shared home).

Why use a lawyer?

There are many do-it-yourself templates online that enable you to create your own last will an testament free of charge. You could write your wishes on paper and have it witnessed. This is legal. However, trying to make your own will without legal assistance is not a good idea. You may make mistakes or there may be a lack of clarity which could mean your last will and testament is invalid. If you have multiple beneficiaries and your finances are complicated, it is even more important to have a professionally trained attorney create your will. This makes it easier for those you leave behind and guarantees your intentions will be properly expressed and executed.

Help is at hand

Don’t take chances with your future – or that of your children. At Simon Dippenaar and Associates Inc. we are experts in family law and can help you draw up your will to ensure your estate is distributed and your children are cared for exactly as you want after your death. If you and your partner are choosing cohabitation as a long-term option, we can help you draw up a cohabitation agreement and a will. Call us on 086 099 5146 or email sdippenaar@sdlaw.co.za.

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