Where There's a Will, There's a Way

Nobody enjoys doing paperwork, but sorting out the admin for your estate before you die is an important duty.

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Just a few decades ago, a will, a vitally important document that contains one’s final wishes for the distribution of assets and the care of loved ones after death, was not part of black South Africans’ culture. Customary law provided for male primogeniture, where the oldest son inherited to the exclusion of younger siblings and female relatives. This was declared unconstitutional by legislation and now the property of all South Africans who die without a will passes by the Law of Intestate Succession.

When former president Nelson Mandela died, his exwife, Winnie Madikizela-Mandela, went to court to try to claim ownership of his Qunu home, claiming the property had been obtained while they were married and belonged to her in terms of AbaThembu custom. However, in his last will and testament, Mandela left the Qunu property to all members of the Mandela family as a place to unify them. The Mthatha High Court dismissed Madikizela-Mandela’s application with costs. She was not named in the will.

“A will provides clear instructions and direction as to how assets that took a lifetime to accumulate – having both financial and sentimental value – need to be distributed. It is in your own and your family’s best interests to make sure that you have a valid will in place,” says Alexander Forbes Fiduciary Services Manager Christel Botha.