Article by Westville Attorney - Fawzia Khan
Our offices have for several years now, been a participant in the Law Society of South Africa’s (LSSA’s) National Will Week. This is an annual event where certain law firms throughout the country offer to draft a basic will, for free, to members of the public. Fawzia Khan & Associates are happy to continue that tradition in the week of 11 to 15 September 2017.
Please note that we can only see you by appointment. 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.
The offer is for a basic will only and does not include amending or updating an existing will or testamentary trust. It’s a good idea to bring along your relevant documents, including: identity documents; a list of your assets; details of guardians and executor of the 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 031-5025670 for legal assistance at competitive rates.
