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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