National Wills Week: the cost of dying without a Will

As National Wills Week draws to a close, it's worth remembering that “death is one of the few certainties of life, yet preparing for what happens after we die remains a subject many South Africans avoid,” De Rebus news reporter Kgomotso Ramotsho writes.

In an article titled “Dying Without a Will costs the poor the most”, Ramotsho says some people regard it as tempting fate.

“For others, the cost of consulting a legal practitioner is a barrier. Many simply believe that because they do not own significant assets, they do not need a Will.”

Ramotsho continues: “But dying without a valid Will can be one of the most expensive mistakes a person can leave behind, and it is often the poor and vulnerable who pay the highest price. This is why the legal profession has an important role to play in changing the culture around Wills in South Africa. As a young black woman who grew up in a middle-class community, I have witnessed the devastation that can follow when someone dies without leaving a Will. I have seen wives and children being chased out of their homes by members of the deceased husband's family, with disputes arising over who has the right to remain in the home and who is entitled to what.”

“I have seen siblings turn against one another after the death of their parents, each believing that they deserve more of the family assets than the other. In some cases, years of family relationships can be destroyed because there was no document clearly expressing the parents' wishes. Lately we even have television shows that are dedicated to people fighting for their homes Kukithi La, or fighting for their inheritance, Ifalami. These are not merely legal disputes. They are human tragedies.”

• This article was originally published by De Rebus, the South African attorneys’ journal, on 7 September and this excerpt is republished with permission.