Can you really make a Will without a lawyer? And what is an “online Will” anyway? It’s a common question on public platforms like Quora. Unfortunately the conversation is filled with myths like comparing Will drafting to performing surgery on yourself or blanket statements by some lawyers saying a lawyer is necessary in non-emergency situations. These are at best outdated, as online wills can be just as legally binding as those drafted by a lawyer, provided they meet all statutory requirements.
What is an “Online Will” Legal Document
To clarify “online Will” means a digital service that helps you draft a Will, which in South Africa still needs to be physically signed. The Will needs to be printed, signed by the testator, and witnessed by two individuals who are present together to become a signed will. Online or digitally stored Wills are not legally binding on their own. They are a draft until properly witnessed and signed as per the South African Wills Act (No. 7 of 1953) which sets out these statutory requirements. Services like LegalWills.co.za help you create a draft online which you then need to formalise with physical signing to be valid.
The Importance of Having a Last Will
Having a last will is crucial for ensuring that your final wishes are respected and your assets are distributed according to your desires. A last will is a legal document that outlines how you want your assets to be distributed after your death, and it is essential for avoiding disputes and ensuring that your loved ones are taken care of. Without a will, the court will appoint an administrator to handle your estate, which can be a lengthy and costly process. By having a will, you can ensure that your assets are distributed correctly and that your family members are protected.
Why Use an Online Will Service
Here are six reasons to use LegalWills.co.za:
- Convenience: You can create your will from the comfort of your home.
- Affordability: Online will services are often more cost-effective than hiring a lawyer.
- Accessibility: The platform is available 24/7, allowing you to work on your will at any time.
- Simplicity: The online platform guides you through a structured process, providing a step by step guide to ensure you complete your will accurately.
- Security: Your information is kept confidential and secure.
- Legal Compliance: The service ensures that your will meets all legal requirements.
1. You will actually finalise your Final Wishes
Statistics show that up to 70% of South Africans die without a Will. For younger demographics the percentage is even higher and their assets are exposed to intestacy rules. The reason given is the hassle of making a Will. An online Will service removes this barrier by giving you the freedom to write a Will at any time that suits you. The online platform guides you through a structured process, allowing you to create your own will and download, print, and sign it at home – assuming no other legal issues need to be sorted out.
2. Affordable
The cost of a lawyer often prevents people from making a Will. Traditional attorney fees are expensive and out of reach for the average person doing straightforward documentation as part of their estate plan. Services like LegalWills.co.za offer a budget friendly option that achieves the same outcome at a fraction of the cost. Customers often use online services strategically – maybe make an express Will before travel – and find the language of the document is the same as more expensive legal services.
3. Easy to Update
You no longer need to be rigid with updating Wills. Legal changes need to be addressed with each major life event – marriage, birth, change in personal circumstances. Online services like LegalWills.co.za allow you to make changes without the cost. Log in, update the necessary details, and you can print and formalize a new version to ensure your last wishes are accurately reflected without the often prohibitive cost of getting a lawyer to update.
4. Learning
Users of services like LegalWills.co.za often find themselves better educated on estate planning after using the service. It guides users through various considerations such as asset distribution, executor roles and potential scenarios, so you understand and are satisfied with the content of your Will. This education also extends to South African nuances like understanding the role of the Master of the High Court in the probate process.
5. More Estate Planning Features Beyond Wills for Minor Children
Online services use digital to offer more estate planning services. LegalWills.co.za offers additional resources:
- Healthcare Directives: Your medical wishes are respected in the event of incapacitation, in accordance with South African law.
- Living Wills and Financial Powers of Attorney: Control over healthcare and financial decisions for holistic estate management.
- Lifelocker: Coordination by documenting your important contacts and digital assets so your executors can be more efficient.
- Funeral Directives: Separate and informal, this tool lets you specify your funeral wishes without the formality of a Will.
- Access and Management: Grant trusted people the necessary access and instructions to implement your directives when activated by keyholders.
- Sentiments After Death: A personal touch by storing and delivering messages to loved ones at a set time.
- Appointing Guardians: Ensure that trusted individuals are responsible for the care of your minor children in case of your death.
Ensuring Your Assets are Distributed Correctly
Ensuring that your assets are distributed correctly is a critical aspect of estate planning. A will allows you to specify how you want your assets to be distributed, including your bank accounts, employer-owed money, retirement savings, and personal property. You can also use a will to appoint a trusted executor to settle your final affairs, including paying bills, managing expenses, and distributing remaining assets. By having a will, you can avoid the risk of intestate succession, where the court decides how your assets are distributed, and ensure that your assets are distributed according to your wishes. Additionally, a will can help you save time and avoid mandatory fees associated with probate court.
Busting the Myths About Online Will Services
We need to debunk the common myths about online Wills: The basic template covers the typical requirements for most families, but for complex estates, appointing a professional executor may be advisable.
Myth 1: Inadequate Legally Binding Documentation
The idea that online Wills are not detailed enough is a myth. Most lawyers and online services use robust drafting software that achieves the same outcome. The basic template covers the typical requirements for most families, ensuring that all your assets are accounted for, so you comply with standard legal clauses unless you have complex asset structures that require specialized advice.
Myth 2: Not Compliant with Regional Laws
Some opponents claim jurisdictional differences as a shortcoming, but reputable services like LegalWills.co.za adapt to your specific South African provincial laws and legal requirements. The service starts by identifying your province, guiding you through an appropriate and legally sound process, and advising against appointing a family member without experience in estate administration.
Myth 3: Becomes Outdated
Policies change constantly, but good online services respond to legal changes dynamically. Unlike static Will kits, services like LegalWills.co.za update legislative changes in real time so your own will remains up to date with current laws and practice.
Conclusion
Making a Will doesn’t have to be complicated or expensive. By using an online service and appointing a professional executor, you’ll have peace of mind knowing your affairs are in order. Don’t focus on the myths, look at the benefits. There’s never a bad time to sort out your estate and your loved ones. Take control of your future today and use an online service to ensure your wishes are respected and protected under South African law.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
- The Ultimate Guide to Preparing a Will – 2024 - 19 November 2024
- Intestate Succession in South Africa | What Happens If I Die Without a Will? How LegalWills Offers an Affordable Solution - 15 February 2024
- A Guide to Writing a Will for Young Adults in South Africa - 23 September 2022
