National Wills Week is traditionally held every year in September, where participating attorneys offer basic Will drafting services for free. The Western Cape Department of Infrastructure urges all its housing beneficiaries to seize this opportunity and have their Will drafted between 11 and 15 September.
In many cases, the transition of property ownership, following the passing of a housing beneficiary, can be a complex and emotional process, often leading to disputes among family members. To address this issue and to promote clarity, responsibility, and empowerment, the department strongly encourages all housing beneficiaries to have their Will drafted for free during National Wills Week. A valid Will provides peace of mind and ensures that assets are handled according to the intention and desires of housing recipients.
“We have many instances where family members request the department to intervene and direct home ownership following the passing of a housing beneficiary. Residents should be aware that the department legally cannot get involved in the allocation of a house should the recipient pass, with or without a will. Following the initial handover, a house becomes the personal property and asset of the housing beneficiary. The onus is therefore on the recipient to indicate ownership of their house in the event of their death. A valid Will guarantees that your loved ones have no delays and conflict with regards to your wishes for your house when you pass away” said Ms Jacqueline Gooch, Head of the Infrastructure Department.
Having a legally drafted will is not merely a formality; it is an essential step toward ensuring that the wishes and intentions of housing beneficiaries are respected and carried out as they wish. In the absence of a Will, your home and any assets are distributed in accordance with the Interstate Succession Act. This leads to outcomes that might not align with your wishes and can result in delays, potential disputes among loved ones, and increased emotional distress during an already challenging time.
Some of the consequences of not having a Will include:
- Not having control over who inherits your home.
- Your partner may be left with nothing if you are not married.
- Family members may argue or disagree regarding your final wishes.
- It can take years to wind-up your estate.
To ensure a smoother transition of property ownership and avoid uncomfortable challenges, Western Cape residents are encouraged to take advantage of the valuable opportunity of having their will drafted during National Wills Week. By supporting this initiative, the department aims to empower housing beneficiaries to make informed decisions and provide peace of mind for their loved ones.
While it is possible to draft your own Will, it is advisable to get assistance from an attorney or financial advisor.
Citizens can contact the Law Society of South Africa on 012 366 8800 or email lssa@lssa.org.za for a list of Western Cape Attorneys participating in National Wills Week 2023. Alternatively, please visit https://www.lssa.org.za/our-initiatives/advocacy/national-wills-week/western-cape-attorneys-participating-in-the-lssa-national-wills-week-2023/
Before contacting the attorney, it is useful to prepare a list of what you own and think about who must get what. Also think about who your Executor will be. This could be an attorney, a family member or close friend for example.
Western Cape Minister of Infrastructure, Tertuis Simmers, added that “the security of tenure remains a priority of the Western Cape Government. Thus educating our citizens on the significance of a Will is an absolute necessity. The well-being of households who don’t possess a Will remains at risk of losing their accumulated assets. I therefore encourage our citizens to take advantage of this opportunity presented by the Law Society of South Africa.”
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