I recently saw a Facebook ad for an online Will writing service. There are several in South Africa and I get targeted by all of them because of my interest in Will writing. This particular ad has been running for months and has over 200 comments.
I feel for this service provider because the comments are full of myths, misconceptions or what some might call “fake news”. The comments are unbelievable. Let’s get to the bottom of these comments.
The Holographic Will
One of the comments said a Will with handwritten and typed elements will be rejected by courts. In South Africa the Wills Act 7 of 1953 is clear: a Will must be signed in the presence of two disinterested witnesses to be valid. But there are provisions for holographic Wills which can be entirely handwritten by the testator and still be valid if they truly reflect the testator’s intentions.
Holographic Wills cause confusion but it’s important to understand that such Wills must be entirely in the handwriting of the testator to be valid without witnesses. But with online services which are typed documents, signing with two witnesses is still necessary. This ensures the authenticity and intent of the Will is preserved.
Online Will Legally Valid Will
One of the myths is that online Wills are not legally valid. A last will is a crucial document in estate planning, designating how a person’s assets should be distributed after their death and specifying wishes and appointing executors. Let’s get this straight by looking at South African law. The key requirements of the Wills Act are:
- The Will must be in writing.
- The testator must sign at the end of the document.
- Two witnesses must be present when the testator signs and they must also sign the Will.
So an online Will service can still produce a legal document if they follow these rules. Anecdotal evidence like stories of Wills written on napkins being approved by courts shows that following the correct process is everything.
Online services have made Will creation easier and follow the legal requirements while being comfortable. The trust in these services is reflected in customer satisfaction and during probate.
Will Preparation is complicated
One of the comments said making a Will is too complicated and best explained by a lawyer. While estate and tax planning can be complicated, making a Will doesn’t have to be. However, consulting an estate lawyer is important for complicated estates or specific beneficiary situations.
Our service provides guidance on every aspect, selecting executors, naming guardians and including charitable bequests, so it’s easy to understand. Clients often find the process educational and get a better understanding of their estate planning.
The idea that only lawyers can draft proper Wills creates unnecessary hurdles. With online legal services getting better, individuals can make comprehensive Wills efficiently with well structured tools and guides.
Misconceptions about Online Wills
There’s often confusion about what is an “online Will”. The law requires a Will to be printed on paper and signed by witnesses, not just stored digitally. Our service helps create this document so it’s legally compliant. By using these services users ensure their Wills are fully prepared and meet all legal requirements for signing and storage.
Why you need a Will for Minor Children
Some of the comments said a Will is not necessary. But a Will serves many purposes. A Will can provide important instructions for funeral arrangements that can be referred to by an executor or a family member. It appoints an executor who has the legal authority to manage financial accounts, cancel subscriptions, file taxes and many other tasks. Without a Will the court will appoint an administrator which can lead to delays and stress for your loved ones.
Without a Will
One of the comments said a death certificate is enough to manage everything. While this might work for small accounts, banks need a probate grant to release funds. The probate court ensures the executor follows the deceased’s wishes as outlined in their Will. Without a proper Will assets can remain locked until the court appoints an administrator. This can lead to extra costs and delays and that’s why a clear and legally binding Will is important.
The consequences of not believing in Wills
Not making a Will leaves many important decisions to the courts like appointing executors and guardians for children and missing the opportunity to make a positive impact on your legacy. It is crucial to designate guardians for minor children in your Will to ensure they are cared for according to your wishes. Without a Will you can’t direct how your estate should be handled and the court will distribute your assets according to intestate succession laws which might not be what you want.
Free Will Kits
Using a free Will kit is a risk of legal oversights. These kits don’t have legal backing and ignore local law nuances. The apparent savings can cost more if the kit is challenged in court or doesn’t meet your specific needs.
Free kits come with hidden risks like inadequate legal provisions and misuse of personal information. Choose a reputable service for peace of mind and security.
Online Will Service Benefits
Online services offer many benefits including affordability, easy updates and comprehensive asset management tools. LegalWills.co.za is a cost effective alternative to traditional lawyers with ongoing support systems to make sure everything is ready for your loved ones. Life insurance policies are also crucial in managing and distributing assets not covered by a Will, ensuring that all your beneficiary designations are properly handled.
Using such a service you can:
- Update your document whenever your personal or financial situation changes.
- Take your time to fine tune details like charitable donations.
- Document your assets with tools like MyLifeLocker, so everything is tracked and easily accessible when needed.
- Store important information, including digital assets.
With LegalWills.co.za you get more than just a few pages of paper. You enter a whole system to help you organize your affairs for your family and loved ones.
Why online services can be better
Online Will services often have resources and flexibility that a lawyer can’t. You can manage changes easily, reflect any changes in your life and get a broad view of your assets. This gives you peace of mind knowing your Will is up to date and reflects your current wishes and situation.
The Skeptics
There is skepticism around online services often due to misinformation or lack of knowledge. LegalWills.co.za is a practical, legal and efficient solution for South African law so we address all those concerns.
Understanding how these services work helps to debunk myths and build trust and show they are a viable and effective alternative to traditional methods.
Will Witnesses: Two Witnesses
You can never over emphasize the importance of witnesses in making a Will. If the initially nominated person or entity does not serve, an alternate such person can be appointed. South African law requires both witnesses to be present and sign so that the document reflects your intentions. This adds an extra layer of protection so that the Will is not executed under duress or misunderstanding.
Probate Court Issues
A well drafted Will avoids probate problems, makes asset distribution easier and reduces stress for your loved ones during difficult times. The probate process can delay the distribution of assets and incur legal fees. This is about planning and the services that make Will preparation simple. By dealing with the issues beforehand you make the transition for your beneficiaries smoother.
Your Legacy
Choosing professional Will service ensures your legacy is managed according to your wishes. You can make donations, appoint guardians for dependents and distribute your assets in a way that reflects your values and wishes.
Easy Transition
Having a complete Will in place takes some of the decision making and administrative burden off your loved ones. This is priceless when they are already going through an emotional time without added financial or legal hassle.
Conclusion: Get Started Now
Writing a Will through an online service like LegalWills.co.za is empowering and comforting. Having your final wishes documented and legally binding gives you peace of mind and your family comfort.
Get started today and invest in your family’s future, protect your legacy and get your wishes out there. Use the tools and expertise of online services to make this important task easy and simple.
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
