Don't be like Bra Joe next door, get yourself a will

We’ve all heard the story before – ubaba wase next door died and now his mother and siblings are fighting his wife over his assets. 

In another case, malome wa tsona’s wife – who is your children’s stepmother – takes everything, leaving them to starve. 

There are many other such heart-breaking stories, and all because the deceased did not have a will. Their last testament would have made sure their investments, properties, cars, and everything in between, get distributed accordingly to their chosen beneficiaries following their passing. 

But ubaba never put his last wishes in writing or, most importantly, drafted it but never signed the document. And, yes, if the will is not signed, it may be subject to dragging and costly court battles. 

September is Wills Month and should be used by all those who do not yet have a will to do the right thing and not be like ubaba wase next door. 

These fights are emotionally, mentally and physically draining. 

When someone dies, the last thing their relatives want is to be taken to court because there was no will in place. 

Don’t let this be you. “Your nearest and dearest will be left to deal with far more than their grief. The costs will span funeral expenses, executor fees, estate taxes and administrative delays and, perhaps most sadly, their relationships may be compromised as family disputes arise all too often if a deceased’s wishes are not clearly and legally spelt out,” warns Sanlam legacy executive manager Amrith Bishoon. 

He cites records from the Master’s Office which show that more than 70% of South Africans die  without a valid will. “Based on SA population numbers, that means around 5-million single mothers and 8.8-million homeowners die without a will,” said Bishoon.

“Dying is never easy to talk about, but avoiding these conversations can leave the people we love facing unnecessary distress and confusion. Estate planning isn’t a luxury. It’s a vital act of care – emotionally, legally, and financially – for anyone who wants to protect their family’s future.” 

No one is too young to have a will, Bishoon says. “We hear this all too often, but even if you’re still in your 20s, and you feel like you don’t own enough assets to warrant drafting a will, you probably already have an estate. You might have a cellphone contract, own a car, belong to a pension fund at work, or receive life cover as part of your remuneration package. 

“Many young people don’t realise they have assets and assume they don’t need a will. That’s how things go wrong. In SA, dying without a valid will means the law determines who inherits [your assets]. You can’t choose a guardian for your minor children. You can’t decide where your most prized possessions will land up. You forfeit the right to have a say.” 

While many may think estate planning is just for the wealthy or for older generations, that is not true. “You can shape your family’s future by protecting their financial wellbeing... When someone passes away, we assign two dedicated professionals to the bereaved next of kin – an estate consultant and an estate practitioner – to wind up their loved one’s affairs.

“We also provide access to a secure online tracking portal, where the progress of the estate can be viewed at any time. We aim to reduce unnecessary stress, lighten the admin load, and provide clarity and certainty at every step.” 

Law Society of SA will from September 15 to 19 mark National Wills Week, and.  you can have a will drafted for you by attorneys free of charge. “Attorneys are qualified professionals who can advise you on potential issues related to your will. They possess the necessary legal knowledge to ensure your will is valid and complies with your wishes. Drafting a valid will is crucial to avoid complications later,” says LLSA spokesperson Mapula Oliphant.

Fact box 1: Use different background to Fact box 2.

Here’s how you can do it: 

Register: Contact an attorney or law firm listed on the LSSA website to register for a free will during National Wills Week. 

Expert guidance: Attorneys participating in the campaign have the expertise to ensure your will meets all legal requirements. 

Peace of mind: Secure your legacy and protect your loved ones by having a legally sound will. 

Fact box 2: Use different background to Fact box 1. 

Bishoon shares specific fees payable, including: 

• Executor fees of 3.5% plus VAT (above R40,000 per R1m estate value), and 6% plus VAT on income accrued and collected after death; 
• Trust set-up and management fees, which are calculated as a percentage of the assets in the estate, and could total hundreds of thousands over time; 

• The conveyancing fees to transfer a property to its new owner; 

• Master’s fees, which could range from R600 to R7 000, depending on the value of the estate; 

• Estate duty of 20% on the dutiable value of an estate up to R30m, and 25% on the amount above that; the first R3.5m is exempt from estate duty; 

• Legal fees, advertising costs, and other admin expenses; 

• Funeral expenses, which could vary widely, from as little as a few thousand rand, to tens of thousands; 

• Lost earnings if time must be taken off work to handle documentation and court processes; and 

• The emotional costs of grief and the psychological trauma caused by protracted legal disputes, administrative delays and the financial pressures these create. 

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