Expert advice on drafting valid will during COVID-19 pandemic
Since the Level 3 easing of restrictions came into effect at the beginning of June, there's been a surge in the number of confirmed coronavirus infections and deaths in South Africa.
On 1 June, the number of cases stood at 34 357. The latest statistics released on the evening of 25 June showed the figure had rocketed to 118 375.
Over this same period, 705 COVID-19 related deaths were recorded nationally at the beginning of the month, with the number of fatalities having more than tripled by 25 June.
According to the Health Ministry, those in the age group of 60-69 accounted for the most number of deaths (26.3%), followed by 50-59 (24.2%), 70-79 (17.8%) and the 40-49 age group (12.6%).
The realities of this pandemic have compelled some citizens to get their legal affairs in order.
A Pietermaritzburg-based legal expert says it's mostly been people in the older age brackets who've recently been making out their wills or updating existing ones.
READ: SA reports record high COVID-19 cases in 24 hrs
While some local law firms have reported an uptick in the number of clients sorting out their wills, director at J Leslie Smith & Company Inc., Bilal Osman, says they’ve observed a steady number of clients seeking assistance with their estate planning over the past few weeks.
"The age group of these clients is above 40 and 50 or thereabout, so we've seen the elder population coming forward making amendments or making new wills.
But the younger [generation] are still not coming forward as we would've expected. For some individuals, this pandemic has given them an opportunity to think; it's a change in circumstances. They've come forward and made the necessary adjustments to their wills as well", Osman says.
In the United States, CNBC reported a 50% surge in the number of people drafting their wills at one San Diego-based online will company, and a 143% increase in users at another firm during the month of March.
According to the Independent, legal firms across the UK reported a dramatic increase in April in the number of Britons enquiring about wills.
Here at home, the coronavirus pandemic and the measures put in place to arrest its spread have posed a challenge to the process of drafting a will because of some restrictions around the acceptable forms of this document.
Osman says for a will to be considered valid, the Wills Act requires it to be in writing and signed.
LISTEN as he explains further:
The law requires a person making a will to be above the age of 16. Witnesses must be above the age of 14.
But Osman cautions that the writing of a will might be trickier when it comes to the contents, structure and form.
"That depends on the personal circumstances of the individual. Maybe they have a minor child or an incapacitated beneficiary or would like to benefit certain individuals with regards to certain assets.
|That's where the complications could arise, and one would need consult an attorney or someone with experience in estate planning, because if you don't get it right, it could happen that on your death, your wishes aren't fulfilled."
Osman is advising people to start planning their estate as soon as they have disposable assets and make out a will detailing how these should distributed upon their death.
Should you die without a will, the State will handle your estate, guided by the Interstate Succession Act.
