Legal Aid helps scores of people, mostly pensioners, for free in Wills Week

Legal Aid SA attorney Carmen Isaacs has been helping dozens of people draw up their wills for free this week as part of National Wills Week. She says she’s seen an increase in people seeking assistance. Photos: Iva Fulepu

• Scores of people have taken up the offer to have their wills drafted for free by lawyers as part of an awareness drive during National Wills Week.
• The Master of the High Court estimates that more than 70% of working South Africans do not have wills.
• National Wills Week is held annually, allowing people to have their wills drafted for free by participating law firms and various Legal Aid offices.
• The initiative is designed to reach people who might not have a legal plan for their assets and belongings, helping families avoid conflict and delays upon their death.

Pensioner Gloria Mbayiya had one clear goal when she walked into the Cape Town Legal Aid office this week - to ensure that her home and belongings go to her family to avoid conflict when she dies.

Mbayiya was among scores of people who took up the offer to have their wills drafted for free by lawyers as part of an awareness drive during National Wills Week. Many people often overlook the hidden cost of executor fees, which can significantly reduce the inheritance left behind. Planning ahead can safeguard the true value of your estate.

According to Legal Aid SA, the Master of the High Court has estimated that more than 70% of working South Africans do not have wills, making their assets vulnerable to being distributed to people the deceased may not have wanted to benefit from their estate.

Speaking to GroundUp after her will was drafted, Mbayiya explained that her only daughter lives overseas with her husband and three children. She wants to ensure that her assets and belongings are legally inherited by her daughter.

“If something happens to me, people might take advantage of the fact that she’s not here and take my belongings for themselves,” she says. “I wanted to have something in writing.”

She says she had been thinking about having a will drafted for a while. Her sister-in-law recently told her about the Legal Aid office’s initiative of offering the service for free.

“If I didn’t make this will and I passed on, I would not rest in peace…in some families, this causes conflict because people would fight over a house. And I don’t want that,” she adds.

She encourages others to do the same. “A person who doesn’t have a will must do it, especially those who have a lot of children,” she says.

National Wills Week, held annually across South Africa, allows people to have their wills drafted for free by participating law firms and various Legal Aid offices. The initiative is designed to reach people who might not have a legal plan for their assets and belongings, helping families avoid conflict and delays upon their death.

According to Legal Aid SA, the Master of the High Court has estimated that more than 70% of working South Africans do not have wills, making their assets vulnerable to being distributed to people the deceased may not have wanted to benefit from their estate.

Since GroundUp’s agony aunt column was launched, we have received over 150 questions from readers related to inheritance and issues around relatives not having legal wills.

Legal Aid attorney Carmen Isaacs, who deals with deceased estates involving minor children in the Western Cape, says she’s seen an increase in people seeking assistance to draw up wills.

“There’s been an increase from last year, mostly elderly people. I think they feel that life is short, and they want to get something in place,” she says. Most of them own houses and want to ensure their homes go to the person they choose, she says.

She says some clients come to their office due to health issues throughout the year, while others wait for Wills Week to get help without having to incur the cost of private attorneys.

“Whether you own very little or a lot, the point is that you are deciding what happens to your belongings. It gives you peace of mind to know that if anything happens, your beneficiaries won’t necessarily struggle,” she added.

Isaacs says Wills Week is designed to make the process simple and accessible.

“The idea is to draft simple wills. My templates are only two pages, plain and easy to understand. Many clients feel intimidated by the idea of going to a private attorney, thinking the language will be complicated. Here, we make sure it’s understandable.”

More about Inheritance

• Granny was the “true parent”, court rules in inheritance case 25 November 2020

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