The Covid-19 pandemic has taught us that life is short and tomorrow can never be guaranteed. With the lives of many people now at risk and so much uncertainty looming in the air, ProBono.Org advises the community to consider drawing up a Will.
ProBono.Org is a Non-Governmental Organisation (NGO) that provides free legal services to the financially needy. Staff Attorney, Nicole Dayanand said estate planning and drawing up a Will was important as it ensured that one’s estate is wound up according to their wishes. “Having a Will is the key element of an estate plan, but it is often overlooked. People undervalue the importance of having a Will and assume that their estate will automatically be left to their intended beneficiaries but this is not the case. If you pass away without a Will your estate will be distributed in terms of the laws of intestate succession. This means that the laws of the country will determine how your estate is distributed,” said Dayanand. “If you have minor children and no Will, the state will appoint a guardian. This means that your children may end up with guardians that you would not have chosen or wanted. The winding up of a deceased estate can be stressful for family members. A clear, well written Will, avoids confusion and family disputes. It eases the process as everyone is bound by what is stated in the Will,” said Dayanand.
She said in every estate, there is a person who needs to act on behalf of your estate to ensure that the assets that you left behind are distributed according to your wishes. “This person is called an Executor. You can choose the Executor of your estate in your Will. You must choose a trustworthy and responsible person who understands the responsibilities of administering a deceased estate. “When drawing a Will you can specifically mention who will receive, or benefit from items in your estate. When choosing a beneficiary, you can nominate anyone you want to. They do not have to be family members. You can name guardians for your children if the children do not have another living parent.
“This is an important clause for those with minor children. It is also necessary to nominate a guardian should both parents pass away at once. You can always revise and edit your Will. Once the Will is drawn up, it can be amended. If there are major changes, a new Will should be done which will replace the old Will,” stated Dayanand. Dayanand added: “With times being so uncertain, you can still ensure that your spouse, children, relatives and other loved ones are well taken care of in the event of your death. If you are unsure of how to draw up a Will, it is best to contact an attorney or your bank as they also offer this service. Many elderly people cannot afford the services of an attorney to draw up a Will but are in need of same. If you are an elderly person with a small estate and wish to draw up a Will, you can call or WhatsApp ProBono.Org on 067 742 0371 for a free Will.”
