- Capital Legacy
- December 18, 2023
Draft your will online in minutes.
It’s January. The month of back-to-school, resolutions and fresh starts. Visions of easing into 2024 are long gone as most of us are back in full swing.
And all the personal admin you put off doing last year ends up back on a long list of things to do. But what to do first? What’s most important? We are always amazed at how many families don’t have a last will and testament in place.
Our 11-year track record of over 650 000 wills and thousands of estates administered has given us deep insights into the world of wills. We regularly conduct surveys to understand the consumer psychology behind why the majority of South Africans put off this important task and pass away intestate (without a will). We want every South African to have an up-to-date and valid will in place to avoid unnecessary drama, heartache and sometimes even financial ruin for the loved ones left behind when they pass away.
We recently ran a survey asking what the main reason was for people not yet having their will in place. The results were interesting, a theme that stood out was lack of time and the main causes related to time being:
- 50% - work pressure,
- 25% - parenting
- 25% - loadshedding.
Sound familiar? Understandably, loadshedding was blamed for stealing people’s time as they rush to get home before the lights go out. Important admin like getting your will sorted gets pushed down the list of priorities.
In the same survey we asked people who have a will in place, what the main life event was that prompted them to get their wills drafted.
The events are:
- 36.1% simply wanted to get their general affairs in order,
- 13.9% purchased property,
- 13.9% experienced the loss of a loved one,
- 11.1% got married,
- 8.3% became a parent,
- 8.3% fell ill,
- 2.8% went through a divorce,
- 5.6% indicated other reasons.
With lack of time being the main reason for procrastinating getting a will done, we decided to build a simplified online will drafting tool that takes only three simple steps to create your will.
Simply visit our website, click on ‘draft your will’, follow the three steps and Bob’s your uncle – unless Bob’s actually not your uncle and you don’t want him to inherit anything.
Because a wet signature (signature made in ink) on a will is still required by law in South Africa, your online will draft will say ‘not final’. We will connect with you to finalise it and have it signed and witnessed correctly. Remember, an unsigned will is an invalid will.
Even though we have an online solution, we still believe strongly in offering expert consultation when it comes to finalising your will. We can do this in person, virtually or on the phone with you. Your will is such an important document that we want to make sure we can help you conclude the process correctly and professionally.
A few of the important reasons why we like to meet with you to finalise your online will draft:
- Kids. The primary reason is children. As parents we know you would like to provide for your children in the event of something unforeseen happening to you. When speaking to our consultants, you have the opportunity to chat about the detail behind making specific provision for your children in your will in the form of a testamentary trust, as an example. You’ll also learn about our solution to securing ring-fenced money for your kids’ education and care specifically with a solution called EduCareTM. In your will you can nominate preferred guardians to take care of your children in the event of you and your spouse passing away.
- Property. Another reason a consultation is important is property and the inheritance thereof. Let us suppose you want to purchase a property in another country and want to leave it to somebody specific when you pass away. You will need to consider each country’s relevant jurisdiction in terms of the laws on inheritance and how they apply tax, as not all countries have the same laws. Capital Legacy is able to assist you in this regard as well. Globally, the most countries’ inheritance legislation either strictly follow or are influenced by either Common Law or Civil Law. Common Law rules inheritance law in countries such as South Africa and Britain and provides for freedom of testation. This means that you may leave your inheritance to whomever you want to, as long as it doesn’t infringe on other legislation concerning inheritance. Civil Law rules in countries like France and Portugal and forced heirship is part of this legal dispensation. Forced heirship basically guarantees an inheritance for the family of the deceased according to a strict set of rules.
- The unexpected costs of dying. A consultation with one of our experts also ensures that no details or considerations have been missed which could save your family a lot of drama if anything were to happen to you. For example, you may not be aware of the legal fees and costs associated with dying. We have witnessed first-hand the devastating consequences and family feuds that could have been avoided if the relevant cover was in place. Our consultants will calculate your estimated cost of dying and guide you through the various affordable plans we have available to indemnify these fees and costs (such as executor fees, conveyancing fees, Master’s fees and other expenses that arise). Put simply, it’s an insurance policy integrated with your will that pays for the fees and costs when you pass away.
You can rest assured that our wills consultants have the expertise to tailor your will to your specific needs and all the legal and technical requirements.
We recommend signing two drafts, keeping one and letting us send a courier at no cost to you for us to keep a copy safe for you.
Before January rolls into June, why not kick-start your year by making sure your affairs are in order, for your family’s sake? So, here’s the challenge – seize the new year and get your will sorted! Simply speak to your financial advisor or contact Capital Legacy today. Alternatively, use the link to our simple, 3-step online will to help you on your way to complete peace of mind.
Whether you’re in need of a
will, life insurance, education
or the power of all three, we have got you covered.
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