Many people move to Cape Town from Pretoria and Johannesburg, and are then looking for attorneys to help with the drafting of their final wills. Fortunately, whether you stay in Pretoria or Cape Town, we can assist. Indeed, estate planning and the drafting, as well as contesting of wills, are part of our specialist services.

It is all good and well to make use of Velile Tinto & Associates whether in Cape Town or Johannesburg for the drafting of your final will and testament, but why do you need a will?

The will is your last say about what you want to happen to your estate and who your beneficiaries should be. You thus state what should happen to your assets, instead of having the state decide on the matter.

What is the possibility of dying without a will?

Someone goes to Cape Town on holiday. They do not consider the possibility of death because they are in their early forties. However, a truck collides with their vehicle while they are on their way back home. They die without a will. This type of scenario is more common than you might think. We, at Velile Tinto & Associates, do not recommend going through life without a will, even if you are still in your twenties. Indeed, you should regularly update the will to make provision for changes in your assets. Our team at Velile Tinto & Associates in Cape Town and Johannesburg can help you do just that, without it being a lengthy and expensive process.

Why do people live their lives without having a will & testament?

Our team at Velile Tinto & Associates has heard many reasons for people not making provision for a will. Some feel that they do not have sufficient assets and because they do not have immovable property, drafting a will is a waste of time. Others feel that their children will take responsibility for sharing the assets among themselves, including the holiday home in Cape Town, the vehicles, jewellery, furniture, and home in Pretoria. Others think that they will draft a will at a later stage. We, at Velile Tinto & Associates, also know how difficult it is for the children when the parents die without a will, and thus recommend going through the drafting process sooner rather than later.

What happens if you die without a will?

If you pass away without a will and testament, your estate is distributed according to the law of intestate succession. You will have no say about who receives what and should there be minor children, then their inheritance will go into a Guardian Fund. A person, who you may not have wanted to take care of your children and their inheritance, will become their guardian. The assets will be managed by a court appointed person.

This is why it is so important to draft your will as soon as possible with the help of experienced attorneys, such as Velile Tinto & Associates.


Disclaimer: This article is for information purposes only and not intended as legal advice. We strongly recommend calling our office for professional legal guidance, rather than relying solely on the information herein.