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Wills Week 2024: Ensure Your Legacy with NB Makhanya Attorneys Inc.

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At NB Makhanya Attorneys Inc., we believe every day should be dedicated to ensuring your will is in place. This year, we are marking Wills Week from 09 to 13 September 2024, a time to prioritize securing your future and that of your loved ones. While we offer professional will drafting services throughout the year, Wills Week serves as a reminder of the importance of this essential legal document.

Why Having a Will is Crucial

The Law Society emphasizes that “by making a will, you ensure your assets are distributed according to your wishes after death.” This freedom, known as freedom of testation, allows you to maintain control over your estate. Without a valid will, family members may face confusion, conflict, and prolonged legal processes. At NB Makhanya Attorneys Inc., we have witnessed firsthand the emotional toll and disputes that arise when someone passes away without a will.

Avoid Family Conflicts and Delays

Through our extensive experience in estate management, we have seen families struggle to cope with the loss of a loved one. This pain is exacerbated when the deceased’s affairs are not in order. Without a will, the legal complexities and potential for disagreements increase significantly.

Consider the complications that can arise: ex-spouses, new spouses, estranged children, stepchildren, business partners, or even hidden assets. When a will is absent or unclear, it opens the door to unexpected disputes, often adding stress to an already difficult time.

Six Critical Reasons You Need a Will

  1. Nominate Guardians for Your Children: Without a will, you forfeit the opportunity to name your preferred guardians.
  2. Protect Cherished Heirlooms: Assets and family heirlooms could fall into the wrong hands.
  3. Control Over Your Estate: Without a will, South African law dictates how your estate is distributed.
  4. Avoid Delays in Settling Your Estate: Estate settlement can be delayed, adding to the grief your family is already experiencing.
  5. Prevent Family Feuds: Disputes can arise if your wishes are unclear.
  6. Safeguard Your Partner’s Inheritance: Your partner may be left with nothing if your will is not in place.

The Importance of Signing Your Will Correctly

The importance of signing your will correctly cannot be overstated. A will signed without the proper legal formalities, including a wet signature in ink, can be deemed invalid, leading to your estate being handled as if you passed away without a will. NB Makhanya Attorneys Inc. is committed to ensuring that clients understand the importance of this document and how to correctly execute it.

Widespread Procrastination in Will Signing

A shocking 78% of South Africans do not have a last will and testament. To combat this, we are dedicated to making will drafting as accessible as possible. We offer services even during public holidays and after hours to accommodate your needs. In addition, we provide a convenient courier service to collect signed wills and ensure they are safely stored.

While many intend to draft a will, only a small percentage complete the process with the necessary signatures and witnesses. At NB Makhanya Attorneys Inc., we assist clients by providing access to independent witnesses and helping them understand the legal requirements for a valid will.

Requirements for a Valid Will in South Africa

For a will to be valid in South Africa, the following conditions must be met:

  • Age Requirement: The testator/testatrix must be at least 16 years old.
  • Signed in Ink: The will must be signed with a wet signature in ink.
  • Signatures on Every Page: Each page of the will must be signed by the testator/testatrix and two independent witnesses.
  • Competent Witnesses: The witnesses must be competent, over 14 years old, and not beneficiaries of the will.

Take Action This Wills Week (09-13 September 2024)

Wills Week from 09 to 13 September is the perfect time to ensure your affairs are in order. Whether you are a parent, homeowner, or simply wish to secure your legacy, having a valid, professionally drafted will is essential. It allows you to express your final wishes, nominate guardians for your children, and appoint an executor for your estate, ensuring minimal delays and protecting your family’s interests.

Join us as we will be drafting your will for free during Wills Week! Sessions will take place at the Master of the High Court in Pretoria, Pretoria North Magistrate’s Court, and Soshanguve Magistrate’s Court. Daily sessions are scheduled from 08h00 to 10h00 and 10h00 to 12h00, with an additional session from 12h00 to 14h00 exclusively at the Pretoria Master’s Office. Keep an eye on our social media for more details, and feel free to reach out to NB Makhanya Attorneys Inc. for any queries.

Contact NB Makhanya Attorneys Inc. Today

For assistance in drafting or reviewing your will, don’t hesitate to contact NB Makhanya Attorneys Inc. during Wills Week or at any time throughout the year. We are here to help you protect your legacy and ensure peace of mind for you and your family.

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Is Court Needed to End a Customary Marriage?

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In South Africa, many couples marry under customary law, embracing the rich traditions and cultural practices that bind communities. 

But what happens when the marriage doesn’t work out, especially if it was never registered with the Department of Home Affairs? 

Do you still need to go to court to have the marriage dissolved? Let’s delve into this question, guided by the Recognition of Customary Marriages Act No. 120 of 1998 (the Act) and explore a real-life case that sheds light on the matter.

Legal Recognition of Customary Marriages

The Recognition of Customary Marriages Act was enacted to provide legal status to marriages conducted according to the customs and traditions of various communities in South Africa. For a customary marriage to be valid under Section 3 of the Act, the following conditions must be met:

  1. Age Requirement: Both parties must be above the age of 18 years.
  2. Mutual Consent: Both parties must consent to be married to each other under customary law.
  3. Cultural Compliance: The marriage must be negotiated, entered into, and celebrated in accordance with customary law.

Interestingly, even if a customary marriage is not registered with the Department of Home Affairs, it does not mean the marriage is invalid. Section 4(9) of the Act clearly states that failure to register a customary marriage does not affect its validity. However, the issue of dissolution becomes more complex when the marriage is unregistered.

Dissolution of Customary Marriages: The Court’s Role

The dissolution of a customary marriage, much like civil marriages, requires a legal process to ensure all rights and obligations are appropriately addressed. According to Section 8(1) of the Act:

  1. Court’s Involvement: A customary marriage may only be dissolved by a court through a decree of divorce on the grounds of the irretrievable breakdown of the marriage.
  2. Grounds for Divorce: The court must be satisfied that the marriage has reached such a state of disintegration that there is no reasonable prospect of restoring a normal marriage relationship between the parties.

This means that, regardless of whether the marriage was registered, the court must handle the dissolution. This ensures that matters like the division of assets, spousal maintenance, and child custody, if applicable, are resolved fairly.

A Case Law Insight: Gumede v President of the Republic of South Africa

To better understand how the courts handle such cases, consider the landmark case Gumede v President of the Republic of South Africa [2008]. In this case, Mrs. Gumede sought the dissolution of her customary marriage, which had not been registered. She argued that her marriage should be considered valid under the Act, despite the lack of registration, and that the court should address the division of matrimonial property.

The Constitutional Court ruled in her favor, emphasizing that the failure to register a customary marriage does not invalidate it. The court further held that the rights of women in customary marriages must be protected, and that the same principles applied in civil divorces should also apply to the dissolution of customary marriages. This case underscored the importance of court intervention to ensure that all legal aspects, including property rights, are respected during the dissolution of a customary marriage.

 Why Registration Still Matters

While the law clearly states that an unregistered customary marriage is still valid, it’s advisable to register your customary marriage with the Department of Home Affairs. Registration ensures that your marriage is fully recognized, making any legal processes, including dissolution, more straightforward. It also helps protect your rights and the rights of your spouse, providing a clear legal framework in the event of divorce.

In summary, if you’re in a customary marriage that’s not working out, you will need to go to court to dissolve it, regardless of whether it was registered. The court’s involvement is crucial to ensure that all legal issues, such as the division of assets and maintenance, are properly resolved.

If you are facing challenges in your customary marriage, whether registered or unregistered, our team at NB Makhanya Attorneys Inc. is here to guide you through the legal process. We understand the complexities involved and are committed to protecting your rights every step of the way. Contact us today to schedule a consultation and take the first step towards a fair and just resolution.