Igama lamakhosikazi malibongwe! "A living will can speak for you when you cannot speak for yourself.” – Discovery SA
Summary:
Attorney Queen Khoza and Lindelwa Zulu discussed the importance of having a will in South
Africa. They emphasised the need for clear directives on asset distribution and the potential
repercussions of not having a will. They also discussed the challenges faced by minors in such
situations, including the impact on accessing funds and the involvement of the guardians fund.
The legal requirements for a will to be valid in South Africa were highlighted, and common
mistakes in will drafting were discussed.
The importance of reviewing and updating wills was also discussed, with a recommendation
for a review every two years as a general practice. Major life events such as marriage,
childbirth, acquiring assets, or significant changes in debt or income were highlighted as
triggers for updating a will. The importance of having a will that can adapt to life changes was
stressed, and examples of how to structure a will to accommodate future changes were
provided.
Queen Khoza also provided detailed insights into the considerations for drafting a will for
individuals with disabilities, emphasising the need for specific provisions such as trusts,
guardians, and suitable executors. She illustrated the potential impact of not having a will
through real-life examples, including cases where assets were not distributed as intended due
to the absence of proper estate planning. The discussion concluded with Queenie offering her
services for those seeking professional assistance and emphasising the need to research
firms offering free will drafting services during National Wills Week.
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